GOVERNMENT OF INDIAMINISTRY OF RAILWAYS

(RAILWAY BOARD)

GLOBAL TENDER

No. Track-III/2014/22/0101 of 2014

for

Procurement of 7 Nos. High Output Tamping & DynamicStabilizing Machines (HOT&S-3X)

Due Date - 18/07/2014

Time - 14.30 Hrs. I.S.T.

Venue - Rail Bhavan, New Delhi-110 001

Fax : 91-11-23384481 91-11-23387098

E-mail : dtkmc@rb.railnet.gov.in.

Price :

Inland …………….. Rs.10,000/-

Foreign ……………… US Dollars 200

INDEX PAGE NO.

PART - I TENDER INVITATION 1-2

PART - II

SECTION A – Instruction to Tenderers A-1 to A- 15

SECTION B – General Conditions of Contract B-1 to B-11

SECTION C – Special Conditions of Contract C-1 to C-4

SECTION D - Annexures

ANNEXURE-1 D1 - D2ANNEXURE-2 D3 - D5ANNEXURE-3 D-6ANNEXURE-4 D-7ANNEXURE-5 D8-D9 ANNEXURE-6 D-10ANNEXURE-7 D-11ANNEXURE-8A D12 - D13ANNEXURE-8 B D14 - D15ANNEXURE-9 D16 – D19ANNEXURE-10 D20 - D24 PART-III

SECTION E – Schedule of Requirements E1 SECTION F – Technical Specification F

GOVERNMENT OF INDIAMINISTRY OF RAILWAYS (RAILWAY BOARD)

TENDER DOCUMENT

PART – 1

TENDER INVITATION

GOVERNMENT OF INDIA MINISTRY OF RAILWAYS

(RAILWAY BOARD)

TENDER INVITATION

Global Tender Notice No.Track-III/2014/22/0101 of 2014

1. Tender is invited for and on behalf of the President of India fromexperienced manufacturers or their authorized agents and reputed Indianmanufacturers for supply of the following:-

TenderNotice No.

Descriptionof Stores

Qty.(Nos.)

Cost ofTenderdocument Rs. US$

Bid GuaranteeIndian Rs.

Last date ofsubmissionand openingof tender

Track-III/2014/22/0101 of2014

High OutputTamping &DynamicStabilizingMachines(HOT&S-3X)

7 (Seven) 10,000/-200 $

20,00,000(Twenty lacs)

18.07.2014

2. The sale timings for tender documents will be 10.00 hrs. to 13.00 hrs. on all workingdays. The offers complete in all respects will be received upto 14.30 hrs. and will be openedat 15.00 hrs. on the date specified above.

Tenderers will be required to:-

i) Furnish a Bid Guarantee for the amount specified above for tender valid for225 days after tender opening

ii) Keep their offer open for 180 days from the date of opening of Bid.

3. A contract performance guarantee bond for 10% of the contract price will have to befurnished by the bidder in the event of a contract being awarded to him.

4. Non-transferable Tender Documents containing detailed description of stores requiredas also other terms and conditions may be had from the office of the Railway Board, RailBhawan, Room No.156/5, Raisina Road, New Delhi-110 001. The cost of tender documents isto be deposited in cash with Head Cashier, Northern Railway, Baroda House, New Delhi. Thetender document will be issued on production of receipt thereof. The firm desirous of gettingthe tender documents by post should send an additional amount of Rs.50/- per set to cover thePostal Charges, through D.D./Bankers Cheque in favour of Secretary, Railway Board, Payableat New Delhi. Postal Orders and Cheques will not be accepted.

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NOTE: i) Tender documents are also available on Indian Railways Website

(www.indian railways.gov.in) which can be down loaded for use and submission ofoffer. However, the firm will have to submit the receipt showing the payment of tendercost as detailed above in para 4, before submitting the offer

ii) Tender from Tenderers who have not purchased the tender documents or notaccompanied by the receipt as mentioned in para i) above in case submission ofdownloaded tender, tenders not accompanied by Bid Guarantee in the format given inAnnexure-5 of Tender Document and Tenders from Agents without Letter of Authorityfrom the manufacturers are liable to be summarily rejected.

Telex and incomplete offers will be summarily ignored.

(T.K.Pandey) Director Track(MC)

Railway Board For and on behalf of the President of India

******

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GOVERNMENT OF INDIAMINISTRY OF RAILWAYS (RAILWAY BOARD)

TENDER DOCUMENT

PART - II

SECTION-A

INSTRUCTIONS TO TENDERERS

TABLE OF CONTENTS

Clause Page No.

1. General instructions A 1

2. Technical information A 1

3. Agents and service facilities in India-Agency Commission A 2

4. Qualifying requirements of tenderers A 3

5. Time Schedule A 3

6. Earnest Money/Bid Guarantee A 3

7. Submission of offers A 4

8. Local Conditions A 5

9. Price basis and indemnity A 5

10. Insurance A 8

11. Payment Terms A 9

12. Deduction A-10

13. Evaluation of the offers A 10

14. Shipping Arrangement A 12

15. Packing A 12

16. Import license A 12

17. Acceptance of tender A 13

18. Effect and validity of offer A 13

19. Spare parts A 13

20. Training of Railway Staff A 14

21. Service Engineers A 14

22. Offer by FAX A 14

23. General A 15

24. Last date of receipt of tender A 15

INSTRUCTIONS TO TENDERERS

1.0 GENERAL INSTRUCTIONS:

1.1 On behalf of the President of India, The Director, Track (MC), Ministry of Railways (RailwayBoard), New Delhi, India (hereinafter referred to as the Purchaser), invites offers fromestablished and reliable manufacturers or their authorized agents for the supply as set forth inthe “Schedule of Requirements”.

1.2 All offers in the prescribed form at Annexure 1 or 2 (as applicable) should be submitted beforethe time and date fixed for the receipt of offers as set forth in the tender papers. Offersreceived after the stipulated time and date will be rejected.

1.3 All information in the offer must be in English. Information in any other language must beaccompanied by its authenticated translation in English; in case of failure to comply with this,the offer is liable to be rejected. In the event of any discrepancy between an offer in alanguage other than English and its English translation the latter will prevail.

1.4 Only one tender may be submitted by each tenderer. No tenderer may participate in the tenderon behalf of another tenderer as usual for the same contract in any relation whatsoever.

1.4.1 Manufacturer or their agents may note that an agent can represent or quote on behalf of onlyone firm in a tender.

1.4.2 In cases where an agent participates in a tender on behalf of one manufacturer, he is notallowed to quote on behalf of another manufacturer in a parallel/ subsequent tender for thesame item. A tender will be considered parallel if opened on the same date. A tender will beconsidered subsequent until the previous tender in which the same agent had participated, hasbeen finalized and if, as a result thereof, a contract is placed on the agent, the same has beencompleted in all respects.

1.4.3 With respect to agent and Principal/OEM, the following instructions to be followed:

(a) In a tender, either the Indian agent on behalf of the Principal/OEM or Principal/OEM itselfcan bid but both cannot bid simultaneously for the same item/product in the same tender.

(b) If an agent submits bid on behalf of the Principal/OEM, the same agent shall not submit abid on behalf of another Principal/OEM in the same tender for the same item/product.

2.0 TECHNICAL INFORMATION:

2.1 Clarification regarding Specifications indicated in the ‘Schedule of Requirements’ may beobtained from Director, Track (MC), Ministry of Railway, Railway Board, New Delhi.

2.2 The equipment offered should be in accordance with the stipulated drawings and specificationsin ‘Schedule of Requirements’.

2.3 The Purchaser may, in exceptional circumstances accept internationally accepted alternativespecifications which ensure equal or higher quality than the specifications

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mentioned in the tender specifications. However, the decision of the purchaser in this regardshall be final. In this connection, attention of tenderer is invited to the ‘Statement ofDeviations’ from tender specifications (Annexure-7) which should invariably be filled in andsubmitted alongwith the offer and further two copies of the alternative specifications offeredshould be sent alongwith the offer.

2.4 The tenderer shall indicate his compliance or otherwise against each clause and sub-clause ofthe technical specifications. The tenderer shall, for this purpose, enclose, a separate statement(Annexure-7) indicating compliance or otherwise of each clause of specifications. Wheneverthe tenderer deviates from the provisions of a clause/sub-clause he shall furnish his detailedjustification for the same in the Remarks’ column.

2.4.1 Details of variations from the drawings and specifications, if any, should be clearly indicatedand in such an event where alternative product is offered, a certificate from the users must befurnished to the effect that the product offered is an alternative acceptable to the users in thecountry of origin and in one or more countries. The names of the users in those foreigncountries should also be indicated.

3.0 AGENTS AND SERVICE FACILITIES IN INDIA-AGENCY COMMISSION:

3.1 Foreign firms quoting direct against the enquiry and who want Indian Agents/Associates andor servicing facilities in India should indicate in their offer the name of their Indianagents/associates or the representatives they have for servicing in India. They should quote netF.O.B./CFR price, exclusive of the amount of remuneration or commission provided for theIndian agents/associates. It should be understood that the Purchaser will indemnify thesupplier against payment of such commission to the Indian agents/associates in rupees in Indiain respect of a contract arising out of invitation to tender, where the Indian agents/associatesremuneration or commission covers a part of the price against the tender.

3.2 The foreign tenderer is also required to give the name and address of the local agent/associate.In addition they should furnish the following details in the offer:

i) The precise/relationship between the foreign manufacturer/principals and Indianagents/associates.

ii) The mutual interest which the manufacturer/principal and Indian agents/associateshave in the business of each other;

iii) Any payment which the agent/associate receives in India or abroad from themanufacturer/principal whether as a commission for the contract or as general retainerfee;

iv) Indian agent’s Income-Tax permanent account number;v) All services to be rendered by the agent/associate whether of general nature or in

relation to the particular contract and facilities/infrastructure available with them forthe same;

vi) Past performance;

3.2.1 If Indian Agent is quoting as tenderer, in such cases, enlistment details with DGS & D undercompulsory registration scheme are required to be enclosed.

Offer which do not comply with the above stipulation are likely to be ignored.

3.3 In the case of indigenous offer the tenderer is not entitled to any agency commission. In thecase of imported offers the agency commission payable by the tenderer to his

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Indian Agents shall be indicated in the space provided in the offer form in foreign currency.However, Agency Commission finally payable to the tenderer’s Agents in India under thecontract will be converted to Indian Rupees at the telegraphic transfer buying rate of exchangeruling on the date of placement of the contract/order as quoted by State Bank of India and shallnot be subject to any further exchange variation. The Agency Commission shall be paid innon-convertible Indian Rupees after successful completion of the contract, i.e., aftercompletion of proving tests and final commissioning of machine(s) in India.

3.4 The agent is official representative of Manufacturer/Principal/Bidder. Accordingly,Manufacturer/Principal/Bidder shall be fully responsible for the conduct of their appointedagent. This may please be noted.

4.0 QUALIFYING REQUIREMENTS OF TENDERERS:

4.1 The tenderer shall provide a satisfactory evidence acceptable to the Purchaser to show that:-a) he is a licensed manufacturer, who regularly manufactures the items offered and has

adequate technical knowledge and practical experience;b) the tenderer has financial stability and sound status to meet the obligations under the

contract for which he is required to submit a report from a recognized bank or afinancial institution as per Annexure-8C;

c) he has adequate plant and manufacturing capacity to manufacture and supply the itemsoffered within the delivery schedule offered by him;

d) he has established quality control system in the organization to ensure that there isadequate control at all stages of the manufacturing process.

4.2 For purposes of para 4.1, the tenderers should additionally submit:-a) a performance statement as in Annexure-3, giving a list of major supplies, effected in

the last five years of items offered by him, giving details of the Purchaser’s name andaddress, order no. and date and the quantity supplied and whether the supply wasmade within the delivery schedule.

b) a statement indicating details of equipment employment and quality control measuresadopted as in Annexure-4.

In addition to the above, further information regarding his capacity/capability, if required bythe Purchaser shall be promptly furnished by the tenderer.

4.3 Tenderer not submitting the requisite information and not conforming to performancestandards specified may note that his offer is liable to be ignored.

5.0 TIME SCHEDULE:

5.1 The basic consideration and the essence of the contract shall be the strict adherence to the timeschedule for the supply of items/item offered.

5.2 The time and the date specified in the contract for the delivery of the stores and the equipmentshall be deemed to be essence of the contract and the delivery must be completed not laterthan the date so specified. The attention of the tenderers is invited to clauses regardingliquidated damages and default in the General Conditions of the contract and clause 10(Delivery schedule) in the special conditions of contract by which the contract shall begoverned.

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6.0 EARNEST MONEY/BID GUARANTEE:

6.1 Earnest Money/Bid Guarantee (EMD) for the amount stipulated in the Tender Invitation shallaccompany each tender. EMD shall be in the form of Bank Guarantee in the name of thetenderer as per Proforma attached (Annexure-5) valid for 45 days beyond validity of the bid.The Bank Guarantee shall be in one of the following forms:

a) Bank Guarantee from a Nationalized Bank of India or a Scheduled Bank in India. ScheduledBank shall mean a bank as defined under Section 2 (e) of the Reserve Bank of India Act, 1934.

b) Bank Guarantee from a foreign bank outside India. Authentication of the same by anyNationalized Bank in India is required.

6.2 If the validity of the offer is extended the Bank Guarantee for EMD duly extended shall also befurnished, failing which the offer after the expiry of the aforesaid period shall not beconsidered by the Purchaser.

6.3 No interest will be payable by the purchaser on the Earnest Money/Bid Guarantee.

6.4 The Earnest Money/Bid Guarantee deposited is liable to be forfeited, if the tenderer withdrawsor amends, impairs or derogates from the tender in any respect within the period of validity ofhis offer.

6.5 The Earnest Money of the successful tenderer will be returned (within sixty days) after thecontract Performance Guarantee as required (Clause 21 of the General Conditions of Contract)is furnished and formal contract duly signed is received by the purchaser.

6.6 If the successful tenderer fails to furnish a contract performance guarantee as specified inclause 21 of the general conditions of contract and fails to return the formal contract dulysigned within thirty days of the receipt of the formal contract, then the Earnest Money shall beliable to be forfeited by the Purchaser.

6.7 The Earnest Money of all unsuccessful tenderers will be returned by the purchaser within 30days after issue of acceptance to the successful tenderer.

6.8 Any tender not accompanied by Earnest Money in one of the approved forms given in clause

6.1 above will be rejected by the purchaser as unresponsive.

7.0 SUBMISSION OF OFFERS:

7.1 All offers shall be either typed or written neatly in indelible ink and shall be hard/spiral bound.

7.2 Any individual (s) signing the tender or other documents connected therewith shouldspecify whether he is signing.i) as sole proprietor of concern or as attorney of the sole proprietor;ii) as a Partner or Partners of the firm;iii) as a Director, Manager or Secretary in the case of a Limited Company

duly authorized by a resolution passed by the Board of Directors orin pursuance of the authority conferred by the Memorandum of Association.

7.3 In the case of a firm not registered under the Indian Partnership Act, all the partners or theattorney duly authorized by all of them should sign the tender and all other connected documents.The original power of attorney or other documents empowering the individual or individuals tosign should be furnished to the purchaser for verification, if required.

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7.4 All prices and other information like discounts etc., having a bearing on the price shall bewritten both in figures and words in the prescribed offer form. In case of any discrepancy inrates quoted in words and figures, the rates quoted in words shall be considered.

7.5 Offer, in quadruplicate, in the prescribed form (annexure 1 or 2, as applicable,) should beaddressed to the President of India through the Director, Track (MC), Ministry of Railways,Railway Board, Rail Bhawan, Raisina Road, New Delhi, India and submitted in the mannerspecified in the Tender Invitation contained in Tender Documents (Part – I).

7.6 Offers shall be as per the Instruction to tenderers, the General and Special Conditions ofcontract given in the Tender Documents. However, the tenderer shall indicate his acceptanceor otherwise against each clause and sub-clause of the Instruction to tenderers, the General andSpecial Conditions of Contract. For this purpose, the tenderer shall enclose a separateStatement (Annexure – 7) indicating only the deviations from any clause or sub-clause of theInstruction to tenderers, the General and Special Conditions of Contract, which he proposeswith full justification for such deviations and additional price for complying with theconditions of the contract in each case. The Purchaser, however, reserves the right to accept orreject these deviations and his decision thereon shall be final.

7.7 Offers are required from the actual manufacturers of the stores or their authorized agents whoshould submit a letter of authority from their Principals as in Annex.-6. Offers from otheragents, brokers and middlemen will not be accepted.

7.8 The tenderer should avoid ambiguity in his offer, e.g., if his offer is to his standard size,dimensions, he should specifically state them in details without any ambiguity. Briefdescriptions such as standard length etc. should be avoided in the offer.

7.9 Each page of the offer must be numbered consecutively, should bear the tender number andshould be signed by the tenderer at the bottom. A reference to the total number of pagescomprising the offer must be made at the top right hand corner of the first page.

7.10 Quantity Variation Clause: The purchaser reserves the right to vary the quantity mentioned inthe “Schedule of Requirements” by plus 30% within a year from the date of placement oforder.

8.0 LOCAL CONDITIONS:

8.1 It will be imperative on each tenderer to fully acquaint himself of all the local conditions andfactors which would have any effect on the performance of the contract and cost of the stores.In his own interest, the foreign tenderer should familiarize himself with the applicable IncomeTax Act., the companies Act, the customs act and related laws in force in India. The Purchasershall not entertain any request for clarifications from the tenderer regarding such localconditions. No request for change in price, or time schedule of delivery of stores shall beentertained after the bid is submitted to the Purchaser.

9.0 PRICE BASIS AND INDEMNITY:

9.1 Foreign tenderer shall quote his price on the basis of FOB nearest port of shipment havingfacilities to handle the same and CFR Indian Port.

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9.2 The terms FOB and CFR shall be as defined in the current edition of International Rules forthe interpretation of the Trade terms published by the International Chamber of Commerce,Paris and commonly referred to as INCOTERMS.

9.3 These prices should not include agency commission payable to Indian Agents which shall beexhibited as already indicated in clause 3.0. The Indian Agent’s commission shall be shown inforeign currency as a definite amount and not as a percentage.

9.4 The prices can be quoted in US Dollars or any other freely convertible currency. However, ifthe goods offered are manufactured in more than one country, the tenderer may state portionsof the bid price in the respective currency of the country of origin in which he wishes to bepaid. The bid price shall be total of such portions. Alternatively, tenderer may, at his option,state the entire bid price in U.S. Dollars or any other freely convertible currency. The portionof the bid price relating to components of Indian origin to be incorporated in the stores orsupply of stores shall be stated in Indian Rupees. The contract price will normally be paid inthe currencies in which the price is stated in the successful tender. However, purchaserreserves the right to effect payment of the equivalent amount in the currency or currencies ofthe country of origin of the goods in case the price is stated in other currencies. The equivalentamount will be calculated on the basis of rate of exchange prevalent on the date of payment.

9.5 The purchaser shall also have the right to sign the contract on CFR basis in which case he willnot be responsible for making shipping arrangements.

9.6 The prices quoted shall be firm and not subject to any variation. In the case of CFR delivery,ocean freight charges included must be firm and no variation will be allowed on this accountafter the opening of tenders.

9.7 The tenderers should quote their lowest possible prices. Quotation should be made only forunits specified in the “Schedule of Requirements”.

9.8 Tenderers submitting indigenous offers shall indicate the FOR (Free on Rail) price deliveryat station of dispatch, which shall include all State and Central Taxes and ExciseDuties leviable on the final finished supplies tendered for. In addition, a complete break-upshowing the ex-factory price, taxes and excise duties individually, incidentals and handlingcharges, freight and insurance charges, if any, shall also be given as mentioned in Annexure-II.

9.9 For partly imported and partly indigenous machine, if the indigenous portion is more than 20%of the total cost of the machine, price variation on the indigenous portion of the cost of themachine may be admitted if desired by the tenderer. The formula for price variation shall be asunder:

PRICE VARIATION FORMULA (for indigenous content)

A1 B1 C1 D1 P= Po { 15 + 20 x ---+ 25 x ------ + 15 x ------ + 25 x ------ }

100 A2 B2 C2 D2

P = Escalated/De-escalated PricePo = Price as per contract

A1 = Wholesale price index number 1.3.10.1 for Ferrous Metals as per table “WholesalePrice Index” (Base: 2004-05=100), presently as Table No. 21 of Reserve Bank of IndiaBulletin for the third (3) month preceding the month of delivery of the machine (s).

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A2 = Wholesale price index number 1.3.10.1 for Ferrous Metals as per table“Wholesale Price Index” (Base: 2004-05=100), presently as Table No. 21 ofReserve Bank of India Bulletin for the month preceding the opening of tender.

B1 = Consumer Price Index Number for Industrial Workers for Delhi as per presentlyTable No. 112/6/2013-CPI for Industrial Workers (Base: 2001=100) publishedby Government of India, Ministry of Labour & Employment, Labour Bureau forthe third (3) month preceding the month of delivery of the machine (s).

B2 = Consumer Price Index Number for Industrial Workers for Delhi as per presentlyTable No. 112/6/2013-CPI for Industrial Workers (Base: 2001=100) publishedby Government of India, Ministry of Labour & Employment, Labour Bureau forthe month preceding the opening of tender.

C1 = Wholesale price index number 1.2 for Fuel & Power as per table “WholesalePrice Index” (Base: 2004-05=100), presently as Table No. 21 of Reserve Bankof India Bulletin for the third (3) month preceding the month of delivery of themachine (s).

C2 = Wholesale price index number 1.2 for Fuel & Power as per table “WholesalePrice Index” (Base: 2004-05=100), presently as Table No. 21 of Reserve Bankof India Bulletin for the month preceding the opening of tender.

D1 = Wholesale price index number 1.3 for Manufactured Products as per table“Wholesale Price Index” (Base: 2004-05=100), presently as Table No. 21 ofReserve Bank of India Bulletin for the third (3) month preceding the month ofdelivery of the machine (s).

D2 = Wholesale price index number 1.3 for Manufactured Products as per table“Wholesale Price Index” (Base: 2004-05=100), presently as Table No. 21 ofReserve Bank of India Bulletin for the month preceding the opening of tender.

Note: 1. The maximum payable escalation shall not exceed 35% of the Contract price.

2. PVC claims will be restricted for that particular quantity of supply, required to be completedin that period as indicated in the delivery period, irrespective of whether the supply has beenmade subsequently within the overall delivery schedule.

9.9.1 The eligibility for asking price variation in terms of indigenous portion of cost being morethan 20% will be seen as on the date of tender opening. Any variation in this percentage asresult of negotiations will not alter original position in respect of eligibility to ask for the pricevariation.

9.10 CENVAT CREDIT:

9.10.1 The price quoted by the tenderers should take into account the credit availed on inputs underthe CENVAT Credit Rules, 2004. The tenderer should also state quantum set offs in respect ofduties on inputs (as admissible under law), that is being totally and unconditionally passed onto the purchaser, in the prices quoted per unit of the item.

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9.10.2 In the event of additional CENVAT credit being extended by the Govt. of India, to cover itemsordered against present tender, the same shall be passed on to the purchaser. The bill forpayment should accompany the following certificate:-

a) We hereby declare that no additional CENVAT benefit has accrued to us beyond what hasalready taken into account while submitting our offer & incorporated in the rates shown inthe contract.

b) We hereby declare that the additional CENVAT benefit of Rs……….per machine/Unit hasaccrued to us beyond what was taken into account while submitting our offer &incorporated in the rates shown in the contract. We are passing on the same to thepurchaser & the bill has been prepared accordingly.

9.11 Sales Tax/CST/VAT/Input Tax under VAT Scheme:

9.11.1 The concessional tax regime so far available to the Government Departments has beenwithdrawn w.e.f. 01.04.2007. Government Departments will have to pay CST @ normal VATrates prevalent in the seller’s state for purchase involving inter-state movement of goods.

9.11.2 However, goods of special importance (called declared goods) as incorporated in Section 14 ofthe CST Act will continue to suffer/enjoy concessional rate of tax since State Governmentscannot impose tax at higher rates than envisaged in CST Act. Iron and Steel items as listed inSection 14 of CST Act, 1956, for instance will suffer CST @ 4% only.

9.11.3 The tenderer should quote the exact percentage of VAT that they will be charging extra.

9.11.4 While quoting the rates, tenderer should pass on (by way of reduction in prices) the setoff/input tax credit that would become available to them by switching over to the system ofVAT from the existing system of sales tax, duty stating the quantum of such credit per unit ofthe item quoted for.

9.11.5 The tenderer while quoting for tenders should give the following declaration;“We agree to pass on such additional set off/input tax credit as may become available in futurein respect of all the inputs used in the manufacture of the final production on the date of supplyunder the VAT scheme by way of reduction in price and advise the purchaser accordingly”.

9.11.6 The suppliers while claiming the payment will furnish the following certificate to the payingauthority;

“We hereby declare that additional set off/input tax credit to the tune of Rs.-----------hasaccrued and accordingly the same is being passed on to the purchaser and to that effect thepayable amount may be adjusted”.

9.11.7 Even for contracts where CST is payable, this input tax credit may become admissible to thesuppliers where the supplier happens to be located in the state in which VAT has beenimplemented. Accordingly the certificate under para 9.11.6 above should also be obtained inall such existing contracts where CST is payable.

9.11.8 For the states in which the VAT has not yet been introduced, the existing system of sales taxshall continue.

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10.0 Insurance

10.1 In case of FOB/CFR offer insurance shall be arranged by the Purchaser.

10.2 In the case of indigenous offers, the purchaser will not pay separately for transit insurance andthe supplier will be responsible till the entire stores contracted for arrive in good condition atdestination. Where the tenderer intends to insure the goods, the insurance charges should beclearly indicated, separately in the break up. The consignee will advise the tenderer within 45(forty five) days of the arrival of goods at the destination, any loss/damage etc. of the goodsand it shall be the responsibility of the tenderer to lodge the necessary claim on the carrierand/or insurer and pursue the same. The tenderer shall, however, at his own costreplace/rectify immediately, to the entire satisfaction of the consignee, the goods lost,damaged, without waiting for the settlement of the claim.

11.0 PAYMENT TERMS

The standard payment terms subject to recoveries, if any, under liquidated damages clausein ‘General Conditions of Contract’ will be as under:

11.1 For Foreign Supplies.

Payment against foreign supplies shall be made though ‘letter of credit’. All charges including the confirmation charges of LC, levied by Foreign Bankers shall be borne by

the contractor.

i) 80% payment on proof of inspection and shipment within 30 days of receipt of shippingdocuments as specified under:

a) 2 copies of negotiable cum original bill of lading. b) Signed certified commercial invoice showing the description,

quantity and price of stores shipped together with the number, weight and volume ofsuch packages shipped.

c) Certificate that the amounts claimed are correct in terms of the contract.d) A copy of Contractor’s letter addressed to the Insurer and port

consignee advising the closing particulars as per Annexure attached. e) Inspection Certificate issued by the Inspecting Officer.

ii) Balance 20% payment within 90 days of satisfactory commissioning of the machines in Indiaand completion of proving test in which the performance of the equipment would have beendemonstrated by the supplier after its commissioning at ultimate destination and on furnishinga Bank Guarantee as per Annexure-8B fully indemnifying the purchaser against all lossesincurred by the purchaser due to contractor’s default during the guarantee period stipulated inthe Warranty Clause (SCC Cl .9).

iii) For developmental/trial orders, the payment terms will be 80% on the proof of inspection andshipment within 30 days of receipt of shipping documents as specified in i) above and balance20% within 90 days of satisfactory commissioning of machine in India and completion ofproving test at ultimate destination and on furnishing a Bank Guarantee as per Annexure-8Bfully indemnifying the purchaser against all losses incurred by the purchaser due tocontractor’s default during the guarantee period stipulated in the Warranty Clause (SCC Cl .9).

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11.2 For indigenous supplies:

i) 90% payment on proof of inspection and dispatch documents as specified, to be made within 30 days of receipt of specified documents.ii) Balance 10% payment within 90 days of satisfactory commissioning of the machines in India

and completion of proving test in which the performance of the equipment would have beendemonstrated by the supplier after its commissioning at ultimate destination and onfurnishing a Bank Guarantee as per Annexure-8B fully indemnifying the purchaser against alllosses incurred by the purchaser due to contractor’s default during the guarantee periodstipulated in the Warranty Clause (SCC Cl .9).

iii) For developmental/trial orders, the payment terms will be 90% payment on proof of inspectionand dispatch documents as specified, to be made within 30 days of receipt of specifieddocuments and balance 20% within 90 days of satisfactory commissioning of machine in Indiaand completion of proving test at ultimate destination and on furnishing a Bank Guarantee asper Annexure-8B fully indemnifying the purchaser against all losses incurred by the purchaserdue to contractor’s default during the guarantee period stipulated in the Warranty Clause (SCCCl .9).

11.3 For partly imported and partly indigenous supplies.

The Standard payment terms shall be as for indigenous supplies as per clause 11.2 of ITT above.However, the following interim payment can be considered if desired by the tenderer.

i) 100% payment for imported components/assemblies on proof of inspection and dispatchof documents as specified to be made through letter of credit to be opened as in clause11.1 above, within 30 days of receipt of specified documents against Bank Guarantee forfull amount valid till satisfactory commissioning of the machine at its ultimate destination.No CST on this value would be payable in such cases.

i) In case components/assemblies for the machine(s) are imported by themanufacturer and the machine(s) is supplied FOR, the payment shall be as perclause 11.2 of ITT above and CST as legally leviable on the value of the machineshall be to Purchaser’s account.

iii) The above 100% payment under (i) for imported portion will be available to a tendereronly if the indigenous value addition is more than 20% of the cost of machine. To decidethe inter-se position of the offers, interest on this 100% payment under (i) shall beworked out at the interest rate equal to prime lending rate as notified by State Bank of Indiaon the date of opening of tender plus 2%.”

11.4 In all cases, for indigenous supplier as well as foreign supplier, payment will be made only on fully assembled machines.

11.5 Any part payment if required in Indian rupees towards local expenses etc. in India, the sameshall be payable at the rate of exchange (BC Selling) ruling on the date of opening of tenderand shall not be subject to any further exchange variation on any account.

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11.6 If a tenderer requests for a variation in the payment terms and if such variation is acceptable tothe purchaser, the same would be evaluated at an interest rate equal to the prime lending rate asnotified by State Bank of India on the date of opening of tender plus 2% for all earlierpayments for the purpose of comparison with the other tenderers.

11.7 In case the supplier fails to supply the machines as per the contractual delivery schedule 100% payment under clause 11.3(i) above would be levied an interest at the rate of 2% more than the Prime Lending Rate of State Bank of India for the delayed period beyond scheduled delivery period.

12.0 DEDUCTION:

Payments as in clause 11.1 & 11.2 of ITT above shall be subject to deductions of any amountfor which the contractor is liable under the contract against this tender or any other contractmade by the contractor in respect of which the President of India is the purchaser.

13.0 EVALUATION OF THE OFFERS:

13.1 To facilitate evaluation and comparison, the purchaser will convert all Bid Prices expressed inthe amounts in various currencies in the Bid Price as payable, to Indian Rupees at the B.C.selling exchange rate established by the State Bank of India, New Delhi, as on the date of thetender opening and all the offers will be evaluated as per tax regime as applicable on the dateof Tender opening.

13.2The tenders received will be evaluated by the Purchaser to ascertain the best and lowest acceptabletender in the interest of the purchaser, as specified in the specification and tender documents.

13.3The value of spare parts (Item no.2, Section-E- Schedule of Requirement) will not be taken intoconsideration in the Evaluation of Offers.

13.4BASIS OF THE EVALUATION OF TENDER:

13.4.1 The tenders received would be evaluated on the basis of either:

a) FOR price quoted on the Lines indicated in para 9.8 of Instructions to Tenderers.

OR

b) Quoted FOB price plus Agency Commission ,ocean freight as quoted by the bidder & ifnot quoted by the bidder then Ocean freight intimated by the Ministry of Shipping,Transport Bhavan, Government of India , New Delhi, India, insurance charges on FOBcost as per Board’s open cover policy on FOB cost quoted, 1% port handling charges onCIF value thus derived, applicable Custom Duty.

OR

c) Quoted CFR prices plus agency commission, insurance charges on FOB cost as perBoard’s open cover policy , 1% port handling charges on CIF value thus derived,applicable Customs Duty.

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OR

d) For partly imported and partly indigenous assembled/manufactured machines,FOR price quoted for indigenous components on the lines indicated in para 9plus CFR price for imported components as per (b) & (c) above duly followingCENVAT credit rules as applicable.

Purchaser reserves the right to adopt any of the above basis.

Cargo handling charges prior to the shipment, wherever applicable shall be to the contractorsaccount.

The terms FOB and CFR shall be defined in accordance with ‘INCOTERM’2000.

13.4.2 The following components would be added to FOB price to calculate the landed price of animported offer:

(a) Ocean freight as quoted by the bidder & if not quoted then Ocean freight as advised byMinistry of Shipping including firm and variable component.

(b) Insurance charges as per IR’s open cover policy.

(c) Assessable Value is to be calculated by adding Port/landing charges @ one percent with theCIF cost as per Customs Rules. Aggregate Customs Duty is to be calculated on the assessablevalue and the total landed cost is to be worked out by adding the assessable value with theaggregate Customs Duty.

(d) Landed cost = CIF value (add agency commission to the FOB cost, if any plus Insurance onFOB cost plus freight )+ 1% port handling charges on CIF value + customs duty as applicable.

(e) Thereafter, other charges as leviable and as required in terms of tender conditions (viz.training, installation & commissioning charges etc. as quoted, if any) are to be added to thetotal landed cost to arrive at the total cost of the offer.

13.4.3 After selecting the lowest evaluated bid on this basis, the purchaser reserves the right to signthe contract either on (i) CFR or (ii) FOB price quoted by the tenderer.

14.0 SHIPPING ARRANGEMENTS:

14.1 In the event of an order being placed on CFR basis, the contractor shall arrange shipmentin accordance with the requirements of the Ministry of Shipping, Transport Bhavan, NewDelhi, India. The purchaser will, however, in accordance with option clause, have the right tochange over the contract to FOB basis if considered necessary after giving two months’ noticeto the contracting firm. Shipping arrangements in the case of FOB contracts shall be made bythe shipping Coordination and chartering Division/shipping coordination officer Ministry ofShipping, Transport Bhavan, New Delhi, India. Particulars of cargoes for which shippingspace will be required in the execution of contract should be furnished in detail to the ChiefController of Chartering Shipping Coordination Officer, Ministry of Shipping, TransportBhavan, Govt. of India, New Delhi, India, as soon as possible after the relevant contract isfinalized (Annexure 9 & 10 ).

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14.2 Port Clearance : In the event of order being placed for Partly Imported and Partly Indigenous machine, the clearance of imported / spares shall be done by the contractor onbehalf of the Purchaser and in case of fully imported machine the clearance will be done by thePurchaser.

15.0 PACKING:

15.1 The items tendered will have to undergo arduous transportation before reaching the destination and will have to be stored and handled in tropical climatic conditions (includingmonsoons) before they are put to the actual use. It is, therefore, imperative that packing forevery item is decided by taking into consideration, inter-alia, the above vital factors so as toeliminate damage/deterioration of item in transit/transshipment/handling or during storage.

15.2 The specifications of the packing proposed shall be indicated.

15.3 The packing advices should bring out the weight, dimensions and size of each bundle/package.Where it is not possible to give weight of the bundles/packages, the contractor must indicatethe volume of the bundles/packages, the number of pieces per bundle/packages, number ofbundles/packages, and total weight of the items supplied.

16.0 IMPORT LIECENCE (In case of Indigenous Tenderers):

16.1 The successful tenderers will have to apply to the proper Government Authority for grant ofrequisite import licence/foreign exchange for such items as require import, within 14 days ofthe advance letter of acceptance/telegraphic acceptance and the purchaser will only rendersuch assistance as considered necessary.

17.0 ACCEPTANCE OF TENDER:

17.1 The purchaser may accept a tender for a part or whole of quantity offered, reject any tenderwithout assigning any reason and may not accept the lowest or any tender.

17.2Acceptance of tender will be communicated by FAX, E-mail or formal acceptance of tender directto the tenderer or through his authorized agents in case where acceptance is indicated by FAX,E-mail or the formal acceptance of tender will be forwarded to the contractor as soon aspossible but FAX, E-mail should be deemed to conclude the contract.

18.0 EFFECT AND VALIDITY OF OFFER:

18.1 The submission of any offer connected with these specifications and documents shallconstitute an agreement that the tenderer shall have no cause of action or claim, against thePurchaser for rejection of his offer. The Purchaser shall always be at liberty to reject or acceptany offer or offers at his sole discretion and any such action will not be called into questionand the tenderer shall have no claim in that regard against the purchaser.

18.2The offer shall be kept valid for acceptance for a minimum period of (180) one hundred and eightycalendar days from the date set for opening of Tenders.

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18.3Offers shall be deemed to be under consideration immediately after they are opened and until suchtime the official intimation of award is made by the purchaser to the tenderer. While the offersare under consideration, tenderers and or their representatives or other interested parties areadvised to refrain from contacting the purchaser by any means. If necessary, the purchaser willobtain clarifications on the offers by re-questing for such information from any or all thetenderers, either in writing or through personal contact, as may be considered necessary.Tenderers will not be permitted to change the substance of their offers after the offers havebeen opened.

18.4In exceptional circumstances, the purchaser may solicit the Bidders consent to an extension of theperiod of bid validity. The request and the responses thereto shall be made in writings (or byFAX or E-mail). The Bid security provided under clause-6 shall also be suitably extended. ABidder may refuse the request without forfeiting Bid security. A Bidder granting the requestwill not be permitted to modify the Bid.

19.0 SPARE PARTS:

19.1 Where required the tenderer should quote, apart from main equipment, separately for themandatory spares as well as for recommended spares required for two years of operation. Therates for such of the items of those spares should be indicated both in FOB & CFR basis in thecase of imported offers and FOR destination in the case of indigenous offers with completebreak up as indicated in the offer form. The purchaser reserves the right to order any or all thespares as quoted for any quantity considered reasonable by him at the prices quoted by thetenderer and on the terms and conditions quoted for the main equipment. The responsibility ofthe tenderer under the warranty clause will not be diluted in any way on this account. Thetenderer should indicate the consumable spares and critical spares in two separate lists.

20.0 TRAINING OF RAILWAY STAFF:

20.1 Four personnel shall be given training for a period of two weeks in the manufacturing plant andfield operation abroad where these machines are already in operation at the cost of the supplierwho shall provide facilities for the training. Likely places of training should be indicated inthe offer. However, the cost of boarding, lodging and air fare shall be borne by the purchaser.

20.2 Adequate training for one month of four personnel of the Indian Railway for each machine should be arranged in India on the bidder’s premises or at the site of commissioning of machines, in the operation, repair and maintenance of these machines atno extra cost. This training of the staff to be deployed on the machine, in operation repair andmaintenance shall be completed before the commissioning of the machine. However, the costof boarding and lodging and travel of trainees will be borne by the purchaser.

21.0 SERVICE ENGINEERS:

21.1 The tenderer shall provide at his own cost the services of an experienced service engineer fortwo weeks per machine in India for satisfactory commissioning and operation of the machines.

21.2 Tenderers shall indicate the details of services which will be rendered for after sale service of the machines.

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22.0 OFFER BY FAX:

22.1 Offer received through FAX may be considered in case of procurement of items throughproprietary article certificate & single tender only subject to the firm submitting postconfirmation copy on their letter head duly signed by the authorized person as per the tenderconditions within ten working days from the date of opening of bid for indigenous firm andtwenty one days for foreign firms.

22.2 However, for other type of tender i.e. for Bulletin, limited and Advertised /open Tender etc.,offers received through FAX and found in the tender box at the time of opening of Tenders andcomplete in all respects and duly singed by the authorized signatory should be treated as intime offer subject to the firm/firms submitting post confirmation copy duly signed by theauthorized person as per the tender conditions within ten working days from the date ofopening of bid.

22.3 All other offers received by FAX not covered in Para (1) & (2) above shall be treated asinvalid. The offers received by FAX as covered in Para (2) above shall be deemed asunresponsive in case of confirmation copy is not received within the time stipulated in Para (2)above.

22.4 No purchase order shall be issued against the FAX offers without receipt of the confirmationcopy of the same.

22.5 It shall be the sole responsibility of tenderers to ensure that the offers submitted by FAX aredropped in appropriate tender box in sealed cover/covers and within the prescribed time anddate. The Railways shall not be responsible in any way for any delay in dropping the FAXoffers in the appropriate tender box.

23.0 GENERAL:

23.1 The tenderer must ensure that the conditions laid down for submission of offers detailed in thepreceding paras are completely and correctly fulfilled. Tenders, which are not complete in allrespects as stipulated above, are liable to be rejected.

24.0 LAST DATE OF RECEIPT OF THE TENDERS:

24.1 The offers complete in all respects should reach the Director, Track (MC), Ministry ofRailways (Railway Board), Raisina Road, New Delhi-110 001, India, not later than 14.30 hrs.on the date specified in the ‘Schedule of Requirements’.

24.2 The tenders received shall be opened in the presence of such of the tenderers or their representatives, who may like to be present at 15.00 hrs. on the date specified in the ‘Schedule of Requirements’ and the names of tenderers and the rates tendered by them will beread out.

24.3 Offers received after due date and time shall not be considered.

25.0 PROVISIONS APPLICABLE FOR MSEs (MICRO & SMALL ENTERPRISES)

25.1 In pursuance of the public procurement policy on MSE (Micro & Small Enterprises) videnotification of Govt. of India dt.23.03.12(as printed in the Gazette of India notification no.503dated 26.3.12) following conditions are applicable for eligible MSEs.:

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i) Tender sets shall be provided free of cost to MSEs registered for the tendered item with theagencies mentioned below

ii) MSEs registered with the agencies mentioned below for the item tendered will be exemptedfrom payment of earnest money.

iii) Participating MSEs quoting a price within price band of L1 + 15% shall be allowed to supplya portion of the requirement by bringing down their price to L1 price in a situation where L1price is from some one other than a MSE and such MSEs can be together ordered upto 20% ofthe total tendered value.

25.2 MSEs who are interested in availing themselves of the above benefits will enclose with theiroffer the proof of their being MSE registered for tendered item with any of the agenciesmentioned in the notification of Ministry of MSME indicated below:

i) District Industries Centers ii) Khadi and Village Industries Commission iii) Khadi and Village Industries Board iv) Coir Board v) National Small Industries Corporationvi) Directorate of Handicraft and Handloom vii) Any other body specified by Ministry of MSME.

25.3 The MSEs must also indicate the terminal validity date of their registration. Failing (1) & (2) above, such offers will not be liable for consideration of benefits detailed inMSE notification of Govt. of India dt. 23.03.12.

Director, Track (MC) (Railway Board)Fax: 91-11-23387098, 23384481 RoomNo.150.E-mail : dtkmc@rb.railnet.gov.in. Tele: 23388876

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SECTION – B

GENERAL CONDITIONS OF CONTRACT

TABLE OF CONTENTS.

CLAUSE PAGE NO.

1. Definitions. B –1 2. Execution B –1 3. Responsibility of the Contractor for executing contract. B –1 4. Indemnity. B –2 5. Prices. B –2 6. Transfer & Sub –letting. B –3 7. Drawings. B –3 8. Alterations. B –3 9. Progress Report. B –3 10. Delivery FOB Invoices and Freight. B –3 11. Customs drawback B –4 12. Marking. B –4 13. Packing. B –4 14. Supply of Drawings, Tracings and specification. B –415. Corrupt gifts and payments of commission. B –516. Payment Terms deleted and incorporated as cl.11.0 of ITT B –517. Deduction deleted and incorporated as cl.12.0 of ITT B –5 18. Delivery Period. B –519. Liquidated Damages. B –520. Force Majeure. B –521. Performance Guarantee Bond. B –622. Inspection. B –623. Inspecting Officer-Powers of Rejection. B –7 24. Consequences of Rejection. B –825. Acceptance of Stores Dispatched After the Expiry of D.P. B –9 26. Export Licence. B –10 27. Arbitration. B –1028. Laws Governing the Contract. B –1129. Headings. B –1130. Secrecy. B –11

GENERAL CONDITIONS OF CONTRACT

1.0. DEFINITIONS:

1.1 Throughout these conditions and in the specifications, the terms:-

i) “The Purchaser” means the President of India, acting through the Director, Track(MC), Ministry of Railways, (Railway Board), Rail Bhavan, Raisina Road, NewDelhi-110 001, INDIA unless the context otherwise provides.

ii) “The Inspecting Officer” means the person, firm or department nominated by thepurchaser to inspect the stores on his behalf and the deputies of the InspectingOfficer so nominated.

iii) “The Contractor” means the person, firm or company with whom the order for thesupply is placed and shall be deemed to include the Contractor’s successors(approved by the Purchaser), representatives, heirs, executors, and administrators, asthe case may be, unless excluded by the terms of the contract.

iv) “Contract” means and includes the bid invitation, instructions to tenderers,Tenderers Acceptance of Tender, General and Special Conditions of Contract,Schedule of Requirements, particular and the other conditions specified in theAcceptance of Tender and includes a repeat order which has been accepted or actedupon by the contractor and a formal agreement, if executed.

2.0 EXECUTION:

2.1 The whole contract is to be executed in the most approved, substantial and workman likemanner to the entire satisfaction of the purchaser or his nominee, who both personally andby his deputies, shall have full power, at every stage of progress, to inspect the stores at suchtimes as he may deem fit and to reject any of the stores, which he may disapprove, and hisdecision thereon, and on any question of the true intent and meaning of the specificationsshall be settled in terms of clause 27, subject to the right of both parties to seek arbitration asprovided for in clause 27.

3.0 RESPONSIBILITY OF THE CONTRACTOR FOR EXECUTING CONTRACT: 3.1 Risk in the Stores: The contractor shall perform the contract in all respects in accordance

with the terms and conditions thereof. The stores and every constituent part thereof, whetherin the possession or control of the contractor, his agents or servants or carrier, or in the jointpossession of the contractor, his agents or servants and the purchaser, his agents or servants,shall remain in every respect at the risk of the contractor until their actual delivery to theconsignee at the stipulated place or provided in the acceptance of tender, until their deliveryto a person specified in the “Schedule of Requirements”, as interim consignee for thepurpose of dispatch to the consignee. The contractor shall be responsible for all loss,destruction, damage or deterioration of or to the stores from any cause whatsoever while thestores after approval by the Inspector are awaiting dispatch or delivery or are in the courseof transit from the contractor to the consignee, or the interim consignee as the case may be.The contractor alone shall be entitled and responsible to make claim against RailwayAdministration or any other carrier in respect of non-delivery, missed delivery, loss,destruction, damage or deterioration of the goods entrusted to such carrier by the contractorfor transmission to the consignee or the interim consignee as the case may be.

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3.2 CONSIGNEE’S RIGHT OF REJECTION:

i) Notwithstanding any approval which the Inspector may have given in respect of thestores or any materials of other particulars or the work or workmanship involved inthe performance of the contract (whether with or without any test carried out by thecontractor or the Inspector or under the direction of the Inspector) andnotwithstanding delivery of the stores, where so provided to the interim consignee,it shall be lawful for the consignee, on behalf of the purchaser, to reject the stores orany part, portion of consignment thereof is not in all respect in conformity, with theterms and conditions of the contract whether on account of any loss, deterioration ordamage before dispatch or delivery or during transit or otherwise how-so-ever.

ii) Provided that where, under the terms of the contract the stores are required to bedelivered to an interim consignee for the purpose of dispatch to the consignee, thestores shall be at the purchaser’s risk after their delivery to the interim consignee butnevertheless it shall be lawful for the consignee on behalf of the purchaser to rejectthe stores or any part/portion of consignment thereof upon their actual delivery tohim at the destination, if they are not in all respect in conformity with the terms andconditions of contract, except whether they have been damaged or have deterioratedin the course or transit or otherwise after their delivery to the interim consignee.

iii) The provisions contained in the clause-24 of GCC relating to the removal of storesrejected by the Inspector shall, mutates mutandis, apply to stores rejected by theconsignee as herein provided.

4.0 INDEMNITY:

4.1 The contractor shall at all times indemnify the purchaser against all claims which may bemade in respect of the said work for infringement of any right protected by patentregistration design or trade mark; provided always that in the event of any claim in respectof an alleged breach of a patent registered design or trade mark, being made against thepurchaser he shall notify the contractor of the same and the contractor shall be at liberty, butat his own expense, to conduct negotiations for settlement or any litigation that may arisethere from.

5.0 PRICES:

5.1 The prices stated are to include all costs of stamping, painting, marking, protection orpreservation of the stores and any claim what-so-ever that may arise from the manufacture,packing, shipment, marking, or delivery of stores in accordance with those consideration andinclude payment by the contractor of Dock and Harbour dues, port’s rates, export taxes andother fees or charges, if any, levied because of exportation. The prices stated are also toinclude all rights (if any) of patent, registered design or trade mark and the contractor shallindemnify the purchaser against all claims in respect of the same.

6.0 TRANSFER AND SUBLETTING:

6.1 The Contractor shall not sublet (otherwise than that which may be customary in the tradeconcerned), transfer, assign or otherwise part with directly or indirectly to any person orpersons, whatsoever is in this contract, or any part thereof without the previous writtenpermission of the purchaser or his nominee.

7.0 DRAWINGS:

7.1 If any dimensions figuring upon a drawing differ from those obtained by scaling thedrawings, the figured dimensions shall be taken as correct.

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8.0 ALTERATIONS:

8.1 The Purchaser or his nominee may require such alteration to be made on the work, during itsprogress as he deems necessary. Should these alterations be such that either party to thecontract considers an alteration in price justified, such alteration shall not be carried out untilamended prices have been submitted by the contractor and accepted by the purchaser.Should the contractor proceed to manufacture such stores without obtaining the consent inwriting of the purchaser to an amended price, he shall be deemed to have agreed to supplythe stores at such price as may be considered reasonable by the purchaser.

9.0 PROGRESS REPORT:

9.1 The contractor shall render such reports as to the progress of the contract and in such formas may be called for by the purchaser or his nominee, the submission and acceptance ofthese reports shall not prejudice the rights of the purchaser in any manner.

10.0 DELIVERY - INVOICES AND FREIGHT:

10.1 Delivery FOB

10.1.1 The stores shall be delivered by the contractor free on board such vessels in such port orports named in the quotation, as purchaser or his nominee may require.

10.1.2 Such number of inspection certificates, advice notices, packing accounts and invoices,as may be required by the purchaser or his nominee, shall be furnished by thecontractor at his, own cost.

10.1.3 Freight for the conveyance of the stores or any part thereof will be engaged by the purchaser or his nominee, who will give due notice to the contractor when and on board what vessels, stores or such part thereof are to be delivered. Should the stores orany part thereof be not delivered within 7 days of the receipt of such notice by thecontractor, the contractor will be liable for all payments and expenses that the purchasermay incur or be put to, by reason of such non-delivery including dead and extra freightdemurrage of vessels and any other charges incurred by the purchaser whatsoever.

10.2 Delivery CFR

10.2.1 For CFR delivery, the stores shall be delivered free of expense to the Purchaser on board thevessels with ocean transportation to named Indian Port. The unloading charges will be paidby the port consignee in Indian Rupees and the tenderers are not to include these charges intheir price.

10.2.2 The seller shall ensure use of vessel to be classified with highest class equivalent 100 A1Lloyds Register by a classification society which is a Member of IACS (InternationalAssociation of Classification Societies Ltd.). A certificate to this effect shall invariably besent by the seller to the Port Consignee(s) and also to the purchaser and the paying authorityalong with other shipping documents. Any extra expenditure by way of extra insurance etc.if incurred, for use of non-classified/ overaged vessel, shall be on seller’s account.

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11.0 CUSTOMS DRAWBACK (Indigenous supplier/goods):

11.1 If, by reason of a customs notification published after the placing of the contract, the storesto be supplied shall become, on exportation, subject to customs drawback in respect of dutypaid on them or on the materials used in their manufacture, the contractor shall recover theamount of the drawback and the contract price of the stores shall be reduced by the amountso recovered. Similarly, if some benefits under this clause are withdrawn by subsequentnotification by the Government, the supplier could claim, reimbursement accordingly. Forthis purpose, the tender shall indicate in their offer, the extent benefit availed under thisclause while quoting the rate.

11.2 This provision applies only to Domestic supplies.

12.0 MARKING:

12.1 The marking of all goods supplied shall comply with the requirements of the Indian Actrelating to merchandise marks or any amendment thereof and of the rules made there under.The following marking of the materials is required.

a) The following particulars should be stenciled with indelible paint on all thematerials/packages supplied loose:i) Contract numberii) Specification No.iii) Item No.iv) Port Consigneev) Abbreviated consignee marks

b) The marking as in (a) above should be on labels securely clamped to the packages orbundles so as not to break loose during transit. The use of steel tags for this purposeshould be avoided.

c) In addition to the marking as specified above, distinguishing, colour marks shouldbe given so as to distinguish the ultimate consignee in India.

13.0 PACKING:

13.1 The contractor will be held responsible for the stores being sufficiently and properly packedso as to ensure their being free from any loss or damage on arrival at their destination.

13.2 Where materials are to be supplied in bundles, the gross weight should not exceed 1.9 metrictone per bundle for shipments to Indian Ports.

14.0 SUPPLY OF DRAWINGS, TRACINGS AND SPECIFICATIONS: 14.1 Any Drawings, tracings or description specified shall, unless otherwise directed, be furnished

by the contractor with the first consignment of the work to which they relate and no paymentwhatsoever will be made until such drawings, tracings of descriptions have been furnished tothe satisfaction of the purchaser.

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15.0 CORRUPT GIFTS AND PAYMENTS OF COMMISSION:

15.1 Any bribe, commission, gift or advantage given, promised or offered by or on behalf of thecontractor, his agents or servants, or any one on his / their behalf to any employee, representative or agent of the Purchaser or any person on his behalf in relation tothe execution of this or any other contract with the Purchaser shall, in addition to the criminalliability under the laws in force, subject the contractor to cancellation of this and all othercontracts with the purchaser, and also to payment of any loss resulting from any suchcancellation to the like extent and the purchaser shall be entitled to deduct the amounts sopayable from any, money otherwise due to the contract under this and all other contracts. Anyquestion or dispute as to the commission of any offence under the present clause shall besettled by the purchaser in such manner and on such evidence or information as may bethought fit and sufficient, and his decision shall be final and conclusive on the matter.

16.0 Deleted and incorporated as Clause 11 of Instructions to tenderers.

17.0 Deleted and incorporated as Cl 12.0 of ITT.

18.0 DELIVERY PERIOD:

18.1 The earliest possible delivery is required in India. The Purchaser attaches the utmostimportance to timely deliveries and request the manufacturers to take note of the liquidateddamages condition as is applicable in case of delays in supplies.

19.0 LIQUIDATED DAMAGES:

19.1 In the event of the contractor’s failure to have stores ready for delivery by the time or timesrespectively specified in the letter of acceptance or contract, the purchaser may withhold anypayment until the whole of the stores have been fully supplied and delivered and may deductor recover from the contractor as liquidated damages ( and not by way of penalty) a sum at therate of 2 percent (two percent) of the value of any stores which the contractor has failed todeliver as aforesaid for each and every month (part of a month being treated as a full month)during which the stores may not be ready for delivery, subject to limit of 10% the contractvalue. Provided, however, that if the delay shall have arisen from any cause which thepurchaser may admit as reasonable ground for further time, the purchaser may at his discretionallow such additional time as he may consider to have been required by the circumstances ofthe case, and shall forgo the whole or such part, as he may consider reasonable of his claim forsuch loss or damage as aforesaid.

20.0 FORCE MAJEURE:

20.1 Force Majeure means an event beyond the control of the supplier and not involving thesupplier’s fault or negligence and which is not foreseeable. Such events may include, but arenot restricted to acts of the purchaser either in its sovereign or contractual capacity, wars orrevolutions, hostility, acts of public enemy, civil commotion, sabotage, fires, floods,explosions, epidemics, quarantine restrictions, strikes, lockouts, and freight embargoes.However, it should not be used by a party to effectively to escape liability for badperformance.

20.2 If there is delay in performance or other failures by the supplier to perform its obligationunder its contract due to event of a Force Majeure, the supplier shall not be held responsiblefor such delays/failures.

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20.3 If a Force Majeure situation arises, the supplier shall promptly notify the purchaser in writingof such conditions and the cause thereof within twenty-one days of occurrence of such eventwith reasonable evidence thereof. Unless otherwise directed by the purchaser in writing, thesupplier shall continue to perform its obligations under the contract as far as reasonablypractical, and shall seek all reasonable alternative means for performance not prevented by theForce Majeure event.

20.4 If the performance in whole or in part or any obligation under this contract is prevented ordelayed by any reason of Force Majeure for a period exceeding sixty days, either party may atits option terminate the contract without any financial repercussion on either side.

20.5 There may be a Force Majeure situation affecting the purchase organization only. In such asituation the purchase organization is to take up with the supplier on similar lines as above forfurther necessary action.

21.0 PERFORMANCE GUARANTEE BOND:

21.1 After a letter of acceptance is issued by the purchaser, the Contractor shall furnish aPerformance Guarantee Bond in the proforma attached (Annexure-8A) from a NationalizedBank/ Scheduled Bank in India or Foreign Bank acceptable to Purchaser duly authenticated bya Nationalized Bank in India within 30 days from the receipt of the Letter of Acceptance of theTender by the Contractor or the execution of the contract, whichever is earlier, for an amountequivalent to 10% of the total value of the contract. On the performance and completion of thecontract in all respects the Performance Guarantee Bond will be returned to the Contractorwithout any interest. In case furnishing of an acceptable Performance Guarantee Bond isdelayed by the Contractor beyond the period provided above and the Bond is accepted bythe purchaser Liquidated damages, as provided in Clause – 19 for the period of delay insubmission of the bond may be levied. Alternatively, the purchaser may declare the contractas at an end and forfeit the EMD.

21.2 Bank Guarantees (BGs) to be submitted by the supplier/contractors should be sent directly to the concerned authorities by the issuing Bank under Registered Post AD.

21.3The Performance Guarantee Bond shall remain in full force and effect during the period thatwould be taken for satisfactory performance and fulfillment in all respects of the contractincluding satisfactory commissioning of the machines at consignee’s work and shall be validtill for a minimum period of six months beyond the last shipment/delivery of the goodscontracted to be purchased provided that before the expiry of the date of validity of thePerformance Guarantee Bond, the contractor on being called upon by the Purchaser fromtime to time, shall obtain from the guarantor Bank, extension of time for validity thereof fora period of six months, on each occasion. The extension or extensions aforesaid, executed onnon-judicial stamp paper of appropriate value must reach the purchaser at least thirty daysbefore the date of expiry of the Performance Guarantee Bond on each occasion.

21.4 As and when an amendment is issued to the contract, the contractor shall, within fifteen daysof the receipt of such an amendment furnish to the Purchaser an amendment to thePerformance Guarantee Bond rendering the same valid for the contract as amended.

21.5 This Performance Guarantee Bond and/or any amendment thereto shall be executed on astamped paper of requisite money value in accordance with the laws of the

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country in which the same is/are executed by the party competent to do so. The PerformanceGuarantee Bonds executed in India shall also be got endorsed by the Collector under Section32 of the Indian Stamp Act, 1989 for adequacy of the Stamp Duty by the contractor.

21.6 The Performance Guarantee Bond will be returned to successful supplier within 60 daysfollowing completion of contractors performance obligations including satisfactorycommissioning of all the machines.

22.0 INSPECTION: 22.1 Inspection will be carried out by the purchaser or his nominee. The cost of the inspection

will be on purchaser’s account subject to other provisions herein, contained. At leasteight weeks notice must be given to the inspecting authority to enable him to arrange thenecessary inspection.

22.2 Facilities for Test and Examination:

i) The contractor shall provide, without extra charge, all material, equipment tools,labour and assistance of every kind which the purchaser or his nominee may considernecessary for any tests and examinations, which he or his nominee shall require to bemade on the contractor’s premises and shall pay all costs attendant thereon.

ii) The contractor shall also provide and deliver free of charge, at such places as thepurchaser or his nominee may nominate, such materials as he or his nominee mayrequire for test by chemical analysis or independent testing machines. The cost of anysuch tests will be defrayed by the purchaser unless it is stated in the specification thatit is to be paid by the contractor.

iii) For all intents and purposes, satisfactory commissioning of the machine(s) will bedetermined by the certificate of inspection and commissioning given by the Purchaseror his nominee that the machine commissioned by him is in full conformity with theconditions of the contract.

22.3 Notification of Result of Inspection: Unless otherwise provided in the specification or “Schedule of Requirements”, the examination of stores will be made as soon as practicableafter the same have been submitted for inspection, and the result of the examination will benotified to the contractor.

22.4 Inspection Notes: On the stores being found acceptable by the Inspecting Officer, he shallfurnish the contractor with necessary copies of the Inspection Notes duly completed, for beingattached to the Contractor’s bill in support thereof.

22.5 Certificate of Inspection and Approval for delivery:

i) No stores will be considered ready for delivery until the Purchaser or the InspectingOfficer nominated by him shall have certified in writing that they have been inspectedand approved by him.

ii) It shall be the responsibility of the contractor to ensure that only such goods as havebeen duly inspected and approved by the Inspecting Authority are offered forarranging shipment to the Government of India Forwarding Agents and to furnish tothem a certificate as under:-“Certified that the goods offered for arranging shipment have been duly inspected andapproved by the prescribed authority in accordance with the terms of the contract anda copy of the Inspection Certificate issued in this regard is enclosed”.

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23.0 INSPECTING OFFICER-POWERS OF REJECTION:

23.1 The Inspecting Officer shall have the power:-i) Before any stores or part thereof are submitted for inspection, to certify that they

cannot be inspected in accordance with the contract owing to the adoption of anyunsatisfactory method of manufacture.

ii) To reject any Stores submitted as not being in accordance with the specifications.iii) To reject the whole of the installment tendered for inspection, if after inspection of

such portion thereof, as he may in his discretion think fit, he is satisfied that the sameis unsatisfactory.

iv) To mark the rejected stores with a rejection mark so that they may be easily identifiedif resubmitted.

23.2 The Inspecting Officer’s decision as regards the rejection shall be final and binding onthe contractor. However, any disputes arising out of it shall be settled in terms of clause-27.

24.0 CONSEQUENCES OF REJECTION:

24.1 If on the stores being rejected by the Inspecting Officer or consignee at the destination, thecontractor fails to make satisfactory supplies within the stipulated period of delivery, thepurchaser shall be at liberty to:

i) Request the contractor to replace the rejected stores forthwith but in any event not laterthan a period of 21 days from the date of rejection and the contractor shall bear all thecost of such replacement, including freight, if any, on such replacing and replacedstores but without being entitled to any extra payment on that or on any other account.

ii) Purchase or authorize the purchase of quantity of the stores rejected or others of asimilar description (when stores exactly complying with the particulars are not, in theopinion of the Purchaser, which shall be final; readily available) without notice to thecontractor without affecting the contractor’s liability as regards to the supply of anyfurther installment due under the contract, or

iii) Cancel the contract:. In the event of action being taken under sub-clause (ii) aboveor this sub-clause, the provisions of clause 19 of the General Conditions of Contract,shall apply as far as applicable. However, any dispute arising out of it shall be settledin terms of clause 27.

24.2 Where under a contract, the price payable is fixed on F.O.B.port of export or F.O.R. dispatching station, the contractor shall, if the stores are rejected at the destination by theconsignee, be liable in addition to his other liabilities including refund of price recoverablein respect of the stores so rejected, to reimburse to the purchaser, the freight and all otherexpenses incurred by the purchaser in this respect.

24.3 Rejected Store: On rejection of any stores submitted for inspection at a place other than thepremises of the contractor, such stores shall be removed by the contractor at his own cost,subject as hereinafter stipulated, within 14 days of the date of intimation of such rejection. Ifthe concerned communication is addressed and posted to the contractor at the addressmentioned in the schedule, it will be deemed to have been served on him at the time when suchcommunication would in course of ordinary post reach the contractor. Provided that theInspector may call upon the contractor to remove dangerous, infected or perishable storeswithin 48 hours of the receipt of such communication and the decision of the Inspector in thisbehalf shall be final in all respects. Provided further that where the price or part thereof hasbeen paid, the

B-8

consignee is entitled without prejudice to his other rights to retain the rejected stores till theprice paid for such stores is refunded by the contractor and that such retention shall not in anycircumstances be deemed to be the acceptance of the stores or waiver of rejection thereof.

24.4 All rejected stores shall in any event and circumstances remain and always be at the risk of the

contractor, immediately on such rejection. If such stores are not removed by the contractorwithin the periods aforementioned, the Inspector may remove the rejected stores and eitherreturn the same to the contractor at his risk and cost by such mode of transport at the purchaseror the Inspector may decide, or dispose off such stores at the contractor’s risk and on hisaccount and retain such portion of the proceeds, if any, from such disposal, as may benecessary to recover any expense incurred in connection with such disposals (or any pricerefundable as a consequence of such rejection). The purchaser shall in addition, be entitled torecover from the contractor, the handling and storage charges for the period during which therejected stores are not removed/disposed off in accordance with the provisions thereof.

25.0 ACCEPTANCE OF STORES DESPATCHED AFTER THE EXPIRY OF DELIVERY PERIOD:

25.1 In cases where only a portion of the stores ordered is tendered for inspection at the fag end ofthe delivery period and also in cases where inspection is not completed in respect of theportion of the stores tendered for inspection during the delivery period because of the reasonthat adequate notice for inspection in accordance with clause-22 of General Conditions ofContract was not given by the contractor, the purchaser reserves the right to cancel the orderfor the balance quantity, at the risk and expense of the contractor without any further referenceto him. If the stores tendered for inspection during or at the fag end of the delivery period arenot found acceptable after carrying out the inspection, the purchaser is entitled to cancel thecontract in respect of the same at the risk and expense of the contractor. If, however, thestores tendered for inspection are found acceptable, the purchaser may grant an extension ofthe delivery period subject to the following conditions:-

a) The Purchaser has the right to recover from the contractor the liquidated damages onthe stores, which the contractor has failed to deliver within the period fixed fordelivery.

b) That no increase in price, on account of any statutory increase in or fresh imposition ofCustoms Duty, Excise Duty, Sales Tax, CST/VAT, freight charges, foreign exchangevariation or on any account of any other tax or duty leviable in respect of the storesspecified in the contract, which takes place after the date of delivery period stipulatedin the said Acceptance of Tender, shall be admissible on such of the said stores as thedelivered after said date.

c) That notwithstanding any stipulation in the contract for increase in price on any otherground, no such increase which takes place after the delivery date stipulated in thecontract shall be admissible on such of the stores as are delivered after the said date.

c) But nevertheless the purchaser shall be entitled to the benefit of any decrease in price onaccount of reduction in or remission of Customs Duty, Excise Duty, Sales Tax, CST/VAT,freight charges, foreign exchange variation or on account of any other ground which takesplace after the expiry of the above mentioned date namely the delivery date stipulated inthe contract. The contractor shall allow the said benefit in his bills or in the absence thereofshall certify that no decrease in price on account of any of these factors has taken place.

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25.2 The contractor shall not dispatch the stores till such time an extension in terms of clause 25.1 (a) to (d) of GCC above is granted by the purchaser and accepted by the contractor. If the stores are dispatched by the contractor before an extension letter as aforesaid is issued by the purchaser and the same are accepted by the consignee, the acceptance of the stores shall be deemed to be subject to the conditions (a) to (d) mentioned inclause 25.1of GCC above.

25.3 In case where the entire quantity has not been tendered for inspection within the deliveryperiod stipulated in the contract and the purchaser choose to grant an extension of the deliveryperiod, the same would be subject to conditions (a) to (d) mentioned in clause 25.1 of GCCabove.

26.0 EXPORT LICENCE:

26.1 If required, the contractor shall apply to the appropriate Government Authority of theexporting country for the grant of the requisite Export Licence within seven days of the receiptof the contract.

27.0 ARBITRATION:

27.1 (a) For domestic tender: In the event of any question, dispute or difference arising under thesecondition or any special conditions of contract, or Instructions to Tenderers, or in connectionwith this contract the same shall be referred to the sole arbitration of a Gazetted Railway Officerappointed to be the Arbitrator, by any member of the Railway Board, Ministry of Railway(Railway Board), New Delhi, India, the Gazetted Railway Officer to be appointed as Arbitrator,however, will not be one of those who had an opportunity to deal with the matters to which thecontract relates or who in the course of their duties as Railway servants had expressed views onall or any of the matters under dispute or difference. The award of the Arbitrator shall be finaland binding on the parties to this contract.

b) For Foreign Tenderers : In the event of any dispute or difference arising between the partieshereto relating to any matter arising out or connected with this agreement, such dispute ordifference shall be referred to the award of two Arbitrators, one Arbitrator to be nominated bythe purchaser and the other to be nominated by the contractor or in the case of the saidArbitrators not agreeing then to the award of an Umpire to be appointed by the Arbitrators inwriting before proceeding with the reference, and in case the Arbitrators cannot agree to theUmpire, who may be nominated by the Chief Justice of India. The award of the Arbitrators, andin the event of their not agreeing, of the Umpire appointed by them or by the Chief Justice ofIndia, shall be final and binding on the parties. Subject as aforesaid, the Indian Arbitration and Reconciliation Act, 1996, the rules there under and any statutory modification or re-enactments thereof, shall apply to the arbitration in all cases shall be in India.

27.2 In the event of the arbitrator dying, neglecting to, refusing to act, or resigning or being unableto act for any reason or his award being set aside by the court for any reason, it shall be lawfulfor the authority appointing the arbitrator to appoint another arbitrator in place of the outgoingarbitrator in the manner aforesaid.

27.3 The arbitrator may from time to time, with the consent of all the parties to the contract,enlarge, the time for making the award.

27.4 Upon every and any such reference, the assessment of the cost incidental to the reference andaward respectively shall be at the discretion of the arbitrator.

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27.5 Subject as aforesaid, the Arbitration Act-1996 and the rules there under and any statutorymodification thereof, for the time being in force, shall be deemed to apply to thearbitration proceeding under this clause.

27.6 Work under the contract, if reasonably possible, may continue during the arbitration proceedings and no payment due to or payable by the purchaser shall be with held on account of such proceedings.

27.7 The venue of arbitration shall be the place from which the acceptance note is issued, orsuch other place as the arbitrator at his discretion may determine.

27.8 In this clause the authority to appoint the arbitrator includes, if there be no such authority, theofficer who is for the time being discharging the functions of that authority, whether in additionto other functions or otherwise.

28.0 LAWS GOVERNING THE CONTRACT:

28.1 This contract shall be governed by the laws of India for the time being in force.

28.2 Irrespective of the place of delivery, the performance or place of payment under the contract, the contract shall deemed to have been made at the place in India from where thecontract has been issued.

28.3 Jurisdiction of Courts: The courts of the place from where the contract has been issued shall alone have jurisdiction to decide any dispute arising out of or in respect ofthe contract.

29.0 HEADINGS:

29.1 The headings of conditions here to shall not affect the construction thereof.

30.0 SECRECY:

30.1 The contractor shall take all reasonable steps necessary to ensure that all persons employed inany work in connection with the contract, have full knowledge of the Official Secrets Act andany regulations framed there under.

30.2 Any information obtained in the course of the execution of the contract by the contractor,his servants or agents or any person so employed, as to any matter whatsoever, whichwould or might be directly or indirectly, of use to any enemy of India, must be treated assecret and shall not at any time be communicated to any person.

30.3 Any breach of the aforesaid conditions shall entitle the purchaser to cancel the contract andperformance bank guarantee will be encashed. In the event of such cancellation, the stores orparts manufactured in the execution of the contract shall be taken by the purchaser at suchprice as he considers fair and reasonable and the decision of the purchaser to suchprice shall be final and binding on the contractor.

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SECTION –C

SPECIAL CONDITIONS OF CONTRACT

TABLE OF CONTENTS

CLAUSE. PAGE NO.

1. Definitions. C –1

2. Performance of works. C –1

3. Specifications. C –1

4. Mistakes in drawings. C –1

5. Variations. C –1

6. Obligation to carry out inspector’s instructions. C –2

7. Responsibility of completeness. C –2

8. Shipment of stores beyond the stipulated delivery period for FOB contract. C –3

9. Warranty. C- 3

10. Delivery Schedule. C –5

11. Commissioning of machines C –5

SPECIAL CONDITIONS OF CONTRACT

The following special conditions shall apply to contracts for the supply of plant and machinery andmanufactured equipment. But where they differ from the General Conditions, the Special Conditionsshall over-ride the General Conditions.

1.0 DEFINITIONS:

1.1 a) The term “Work” means all the work specified or set forth and required in and by thesaid specifications, drawings and “Schedule of Requirements”, hereto annexed or tobe implied there from or incidental thereto or to be hereafter specified or required insuch explanatory instructions and drawings (being in conformity with the said originalspecification(s), drawing(s), and “Schedule of Requirements” and also in suchadditional instructions and drawings not being in conformity as aforesaid, shall fromtime to time, during the progress of the work hereby contracted for as are supplied bythe purchaser).

b) The term “Test” shall mean such test or tests are prescribed by the specification(s) tobe made by the Purchaser, or his nominee, during inspection and at the time ofcommissioning after erection at site, before the machine is taken over by thePurchaser.

2.0 PERFORMANCE OF WORK:

2.1 The work shall be performed at the place or places specified in the tender or at such otherplace or places as may be approved by the Purchaser.

3.0 SPECIFICATIONS:

3.1 If the contractor shall have any doubt as to the meaning of any portion of the conditions of thespecifications, drawings or plans, he shall (before submitting the tender) set forth theparticulars thereof and submit them to the Purchaser in writing, in order that any such doubtmay be removed.

4.0 MISTAKES IN DRAWINGS:

4.1 The contractor shall be responsible for and shall pay for any alterations of the works due to anydiscrepancies, errors or omissions in the drawings or other particulars, whether they have beenapproved by the Purchaser or not, provided that such discrepancies, errors or omissions are notdue to inaccurate information or particulars furnished to the contractor on behalf of thePurchaser. If any dimensions figured upon a drawing or plan differ from those obtained by thescaling the drawing or plan the dimensions as figured upon the drawing or plan shall be takenas correct.

5.0 VARIATIONS:

5.1 No Alterations, amendments, omissions, additions, suspensions, or variations of the work(hereinafter referred to as “Variations”) under the contract as shown by the drawing or thespecifications shall be made by the Contractor except as directed in writing by the Inspector,but the Inspector shall have full power, subject to the proviso hereinafter contained from timeto time, during the execution of the contract, by notice in writing to instruct the contractor tomake such variation without

C-1

prejudice to the contract, and the contractor shall carryout such variations and be bound by thesame conditions, so far as applicable, as though the said variation occurred in thespecifications. If any suggested variation would, in the opinion of the contractor, if carriedout, prevent him from fulfilling any of his obligations or guarantees under the contract, he shallnotify the Inspector thereof in writing and the Inspector shall decide forthwith, whether or notthey shall be carried out. If the Inspector confirms his instructions, the Contractor’sobligations and guarantees shall be modified to such an extent as may, in the opinion of theInspector, be justified. The difference of cost, if any, occasioned by such variations shall beadded to or deducted from the contract price as the case may require. The amount of suchdifference, if any, shall be ascertained as determined in accordance with the rates specified inthe schedule of prices, so far as the same may be applicable and where the rates are notcontained in the said schedules or not applicable, they shall be settled by the Purchaser andContractor jointly. But the Purchaser shall not become liable for the payment of any suchvariations, unless the instructions for the variation have been given in writing by the Inspector.

5.1 In the event of the Inspector requiring any variations, such reasonable and proper notice shallbe given to the Contractor, as will enable him to make his arrangements accordingly, and incases where goods or materials are already prepared, or any designs, drawings, or patternsmade or work done is required to be altered, a reasonable sum in respect thereof shall beallowed by the Purchaser, provided that no such variations shall, except with the consent inwriting of the Contractor, be such as will involve an increase or decrease in the total pricepayable, under the contract by more than 10 percent thereof.

5.2 In any case, in which the Contractor has received instructions from the Inspector for carrying out the work which either then or later, will in the opinion of the contractor, involve a claim for additional payment, the Contractor shall, as soon as reasonably possible, after receipt of the instruction aforesaid, advise the Inspector to that effect.

6.0 OBLIGATION TO CARRY OUT INSPECTOR’S INSTRUCTIONS:

6.1 The Contractor shall also satisfy the Inspector that adequate provision has been made:-i) to carry out his instructions fully and with promptitude.ii) to ensure that parts required to be inspected before use are not used before inspections;

andiii) to prevent rejected parts being used in error. Where, parts rejected by the Inspector

have been rectified or altered, such parts shall be segregated for separate inspectionand approval before being used in the work.

7.0 RESPONSIBILITY FOR COMPLETENESS:

7.1 Any fittings or accessories which may not be specifically mentioned in the specifications butwhich are usual or necessary, are to be provided by the Contractor without extra charges, andthe equipment must be complete in all details.

7.2 In all cases where the contract provides for tests on site, the Purchaser, except where otherwise specified, shall provide, free of charge, such labour, materials, fuels, stores, apparatus and instruments as may be requisite from time to time and as may reasonablybe demanded; efficiently to carry out such tests of the plants, materials or workmanship etc. in accordance with the contract.

7.3 In the case of contracts requiring electricity for the completion of the works and for teston site, such electricity, when available, shall be supplied free to the Contractor at thevoltage of the ordinary supply. Unless otherwise specified, the Purchaser will supply freeof charge to the Contractor:-

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a) Unskilled labour:

b) Consumable stores including fuel and lubricating oils required duringcommissioning and testing of the machine at site/premises of the purchaser.

c) the Contractor shall provide:-i) Skilled labour andii) Tools and any other equipment which may be necessary.

8.0 SHIPMENT OF STORES BEYOND THE STIPULATED DELIVERY PERIOD FORFOB CONTRACT:

8.1 In the event of the contractor failing to ship the stores duly inspected and passed within thestipulated delivery, the Purchaser is entitled to cancel the contract in respect of the same at therisk and cost of the contractor or invoke the clauses providing other remedies such asliquidated damages as provided in the contract. However, if he so chooses, the Purchaser maygrant an extension of the delivery period subject to:

a) The Purchaser recovering from the contractor liquidated damages as stipulated in theconditions of contract for the stores, which the contractor has failed to ship within theperiod fixed for delivery after the inspection and a passing of the stores.

b) The Purchaser retains the right to recover any extra expenditure which might havebeen incurred by the Purchaser on account of the increase in Custom Duty and FreightCharges directly relatable to the delay in shipping of the stores.

c) Any additional expenditure incurred by the Purchaser on Custom Duty, FreightCharges and also extra cost which may arise on account of variation in exchange rateduring the extended delivery schedule shall be borne by the Contractor.

8.2 The contractor shall not dispatch the stores till such time an extension in terms of the above isgranted by the Purchaser. If the stores are dispatched by the contractor before an extensionletter as aforesaid is issued by the Purchaser, the supply of the stores shall be deemed to besubject to conditions set above.

9.0 WARRANTY :

9.1 The contractor shall warrant that everything to be furnished hereunder shall be free fromdefects and faults in design, material, workmanship and manufacture and shall be of thehighest grade and consistent with the established and generally accepted standards for goods ofthe type ordered and in full conformity with the contract specifications and samples if any, andshall if operatable, operate properly.

9.2 This warranty shall survive inspection of payment for and acceptance of the goods, but shall expire24 (twenty four) months after the delivery at ultimate destination in India or 18 (eighteen)months from the date of commissioning and proving test of equipment at ultimate destinationin India or meeting the warranty performance criteria stipulated in technical specification, ifany whichever shall be earlier, except in respect of complaints, defects and/or claims notifiedto the contractor within 3 (three) months of expiry of such date. Any approval of acceptanceby Purchaser of the stores or of the material incorporated herein shall not in any way limit thecontractor’s liability.

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9.3 The contractor’s liability in respect of any complainants defects and/or claims shall be limitedto the furnishing and installation of replacement parts free of any charge or the repair ofdefective parts only to the extent that such replacement or repairs are attributable to or arisefrom faulty workmanship or material or design in the manufacture of the stores, provided thatthe defects are brought to the notice of contractor within 3 (three) months of their being firstdiscovered during the guarantee period or 3 (three) months from the date of expiry of warrantyperiod or at the opinion of the Purchaser, to the payment of the value, expenditure anddamages as herewith mentioned.

9.4 The contractor shall, if required, replace or repair the goods or such portion thereof as isrejected by the Purchaser free of cost at the ultimate destination or at the option of thePurchaser, the contractor shall pay to the Purchaser value thereof at the contract price or in theabsence of such price at price decided by the Purchaser and such other expenditure anddamages as may arise by reason of the breach of the conditions herein specified.

9.5 All replacement and repairs that Purchaser shall call upon the contractor to deliver or performunder this warranty shall be delivered and performed by the contractor within 2 (two) months,promptly and satisfactorily.

9.6 Prompt clearance of the warranty replacement on arrival at Port/Airport shall be theresponsibility of the contractor or his representatives after payment of Custom and other dutiesas applicable.

9.7 If the contractor so desires, the replaced parts can be taken over by him or his representative inIndia for disposal as he deems fit at the time of replacement of goods/parts. No claimwhatsoever shall lie on the Purchaser for the replaced parts thereafter.

9.8 The warranty herein contained shall not apply to any material which shall have been repaired or altered by the Purchaser, or on his behalf in any way without the consent of thecontractor, so as to effect the strength, performance or reliability or to any defects to any partdue to misuse, negligence or accident.

9.9 The decision of the Purchaser in regard to contractor’s liability and the amount, if any, payableunder this warranty shall be final and conclusive subject to the right of either party to seekarbitration as provided for under clause-27 of General Conditions of Contract.

9.10 Contractor shall indemnify the purchaser against all losses incurred by the purchaser due tocontractors default on the obligations stipulated in the Warranty clause. Contractor shallfurnish a Bank Guarantee in the proforma attached (Annexure-8B) from a scheduled Bank inIndia or Foreign Bank authenticated by a nationalized bank in India for an amount equivalentto 10% of the value of machines supplied, as stipulated in payment terms of this contract. TheWarranty Guaranty Bond shall be valid till for a minimum period of three months beyond theexpiry of the warranty period provided that before the expiry of the date of validity of theWarranty Guaranty Bond, the contractor on being called upon by the Purchaser from time totime shall obtain from the Guarantor Bank, extension of time for validity thereof for aperiod of six months, on each occasion. The extension or extensions aforesaid, executed onnon-judicial stamp paper of appropriate value must reach the purchaser at least thirty daysbefore the date of expiry of the Performance Guarantee Bond on each occasion.

9.11 This Warranty Guaranty Bond and/or any amendment thereto shall be executed on a stampedpaper of requisite money value in accordance with the laws of the country in which the sameis/are executed by the party competent to do so. The Warranty Guarantee Bonds executed inIndia shall also be got endorsed by the Collector under Section 32 of the Indian Stamp Act,1989 for adequacy of the Stamp Duty by the contractor.

9.12 The Warranty Guarantee Bond will be returned to successful supplier within 60days followingcompletion of contractors warranty obligation under the contract.

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10.0 DELIVERY SCHEDULE :

10.1 The contractor shall supply stores in accordance with the delivery schedule indicated in theSchedule of Requirements annexed. Tenderers offering deliveries beyond the cut of period areliable to be considered unresponsive. Cut off period shall be 6 (six) months after the last dateof delivery of all the machines as prescribed in the schedule of requirements. For those whooffer deliveries beyond the indicated delivery schedule a penalty worked out at 2% of the BidPrice per month for the delayed period may be added to their price for the purpose ofcomparison of their bids, part of a month being taken as one month.

10.2 In case of failure on the part of supplier to arrange supplies as per the delivery schedule/installments fixed in advance, save force majeure conditions or delays attributableto purchaser, the Purchaser reserves the right to levy Liquidated Damages which shall belevied for delayed quantity which have remained unsupplied for the period.

11.0 COMMISSIONING OF MACHINE:

Tenderer will arrange to commission the machine within 90 days of its arrival at the ultimateconsignee premises and will also arrange for tests to be conducted according to the contract asrequired by the purchaser or his nominee. In case of delay in commissioning of the machinebeyond the stipulated time period of 90 days Liquidated Damages, as provided in Cl. 19 ofGCC (General Conditions of Contract) may be levied for the period of delay.

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SECTION - D

ANNEXURES

TABLE OF CONTENTS

Annexure

Page No.

1. Offer Form for imported Offers D – 1

2. Offer Form for Indigenous Offers D – 3

3. Proforma for Performance Statement D – 6

4. Proforma for information regarding Equipment and D – 7Quality Control

5. Proforma for Bank Guarantee for Bid Guarantee D – 8

6. Proforma for Authority from Manufacturers D – 10

7. Proforma for Statement of Deviations D – 11

8A. Proforma for Bank Guarantee for Contract Performance D - 12

Guarantee Bond,

8B Proforma for Bank Guarantee for 10% Contract Value D - 14

Towards Warranty Guarantee

8C Proforma for Banker’s Report D – 16

10. Details of shipping arrangements D – 17

10. Proforma for indicating particulars of cargo D – 23

Annexure – I(Please see clause 1.2 & 7.6 of Instructions to Tenderers)

GOVERNMENT OF INDIAMINISTRY OF RAILWAYS

(RAILWAY BOARD)To THE PRESIDENT OF INDIA,Acting through the Director, Track (MC)Ministry of Railways, Railway BoardNew Delhi-110 001 This proforma is to be used only for offers of imported goods. OFFER FORM for Tender No.-------------------- Date of opening ---------------- Time-------------------Hours

1. We ------------ hereby certify that we are established firm of manufacturers and authorized agents ofM/s. --------------with factories at ----------which are fitted of with modern equipment and where the production methods, quality control and testing ofall materials and parts manufactured or used by us are open to inspection by the representative of Indian Railways. We hereby offer to supply thefollowing items at the prices and within the period of delivery indicated below:-

Itemno.

Description

Specification

Unit Qty.

Price per unit exclusive of AgencyCommission (in the currency/currencies ofManufacturers country/countries or US $

AgencyCommissionper Unit (in thecurrency/currencies ofManufacturerscountry/countries or US $

Total CFR value ofoffer per unit(inclusive ofAgencyCommission in thecurrency/currenciesof Manufacturerscountry/countriesor US $)

Terms ofpayment

Deliveryperiod

Grossweight anddimensionof packagesper unit asper cl.15.3of ITT.

1 2 3 4 5 6 7 8 9 10 11FOB Portofcountryofsupply.

6 (a)

CFRIndianPort.

6 (b)

Port handling Inlandfreight & incidentals.

6 (c)

6 (C) + 7

2. Cost of training of four Indian Railways Personnel for two weeks in the country of the supplier applicable to full contract (Ref. clause 19 of Instructions to Tenderers).

3. We are agreeable to payment of agency commission to our Agents in India in non-convertible Indian Rupees. The relevant information is given below:

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(To be filled in by the tenderer)

b) The name and address of the Agent..c) Service to be rendered by the Agent. …………………………………d) Amount of remuneration for the Agent. …………………………….

4. It is hereby certified that we have understood the Instructions to Tenderers, and also the General and Special Conditions of Contract attached to thetender and have thoroughly examined specifications drawings quoted in the ‘Schedule of Requirement’ and are thoroughly aware of the nature ofstores required and our offer is to supply store strictly in accordance with the requirements and according to the terms of the tender. We agree toabide solely by the General and Special Conditions of Contract and other conditions of the tender in accordance with the tender documents if thecontract is awarded to us.

5. We hereby offer to supply the stores detailed above or such portion thereof, as you may specify in the acceptance of tender at the price quoted and

agree to hold this offer open for 180 days from the date of opening of tender. We shall be bound by the communication of acceptance dispatchedwithin the prescribed time.

6. Earnest Money/Bid Guarantee for an amount equal to. ---------- is enclosed in the form specified in Clause – 6 of the ‘Instructions to Tenderers’.Note: i) The tenderers may prepare their own offer forms as per the proforma.ii) No change in the proforma is permissible.iii) No erasures or alterations in the text of the offer are permitted. Any correction made in the offer shall be initialed by the tenderers.iv) Please refer to Clause 3 of ‘Instructions to Tenderers’ before filling column.7.ii) Figures in columns 6 to 8 (both inclusive) should be both in figures and words. In case of discrepancy in rates quoted in words and figures,

the rates quoted in words shall be considered.

Signature and seal of Manufacturer/Tenderer.

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ANNEXURE - 2(Please see clauses 1.2, 7.6 and 9.8of ‘Instructions to Tenderers)

GOVERNMENT OF INDIAMINISTRY OF RAILWAYS

(RAILWAY BOARD)

THE PRESIDENT OF INDIA,Acting through Director, Track (MC)MINISTRY OF RAILWAYS, RAILWAY BOARDNEW DELHI-110 001

This Proforma is to be used for offers of Partly imported partly indigenous and fully indigenous goods.

OFFER FORM for Tender No. ---------------------- Date of opening ------------- Time ---------- ------ Hours

1. We, ---------------- hereby certify that we are established firm of manufacturers and authorized agents of M/s. --------------with factories at ---------which are fitted with modern equipment and where the production methods, quality control and testing of all materials and parts manufactured orused by us are open to inspection by the representative of Indian Railways. We hereby offer to supply the following items at the prices and within theperiod of delivery indicated below: -

Item No. Description Specification Unit Qty. Price per Unit FOR station ofdispatch (in Indian Rs.)

Total value of Offer(in Indian Rs.)

Terms ofPayment

DeliveryPeriod

1 2 3 4 5 6 7 8 9

Break up of Price in “Column – 6” (In Indian Rupees)

Ex-Factory PriceTotal (In Indian Rs.)

Excise Duty Other Levies Sales Tax//CST/VAT/INPUT TAX

CREDIT

Packing andforwarding in detail

F.O.R. Station ofdispatch Price

Total (In Indian Rs.)

10 (a) 10 (b) 10 (C) 10 (d) 10 (e) 10 (f) 10 (g)

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Break up of Ex-Factory Price in “Column – 10 (a)” (In Indian Rupees)

12Value of imported

Equipment/ComponentsDuties on11 (b) Other

LeviesIncidentals Value added

Componentsin India

Total Ex-factory Price

Country of origin fromwhere components are

imported

Gross weight anddimension of

package per unitas per cl. 15.3 of

ITT11 (a) 11(b) 11 (c) 11 (d) 11(e) 11(f) 11 (g) 11 (h)FOB

foreigncurrency

equivalent(Rs.)

CFR foreigncurrency

equivalent(Rs.)

2. Cost of training of four Indian Railway Personnel for one month in India applicable to full contract….. ….. (Ref. clause 19 of Instructions to Tenderers).

3. It is hereby certified that we have understood the Instructions to Tenderers, and also the General and Special Conditions of Contract attached to the tender and have thoroughly examined specifications/drawings quoted in the ‘Schedule of Requirements’ and are thoroughly aware of the nature of stores required and our offer is to supply stores strictly in accordance with the requirements and according to the terms of tender. We agree to abide by the General and Special Conditions of Contract and other conditions of the tender in accordance with the tender documents if the contract is awarded to us.

4. We hereby offer to supply the stores detailed above or such portion thereof, as you may specify in the acceptance of tender at the price quoted and agree to hold this offer open for acceptance for a period of 180 days from the date of opening of tender. We shall be bound by the communication ofacceptance dispatched within the prescribed time.

5. Earnest Money/Bid Guarantee for an amount equal to. -------- is enclosed in the form specified in Clause – 6 of the ‘Instructions to Tenderer.

`Dated ……… 2010.

Signature and seal ofManufacturer/Tenderer

Note:i) The tenderers may prepare their own offer forms as per this proforma.ii) No change in the proforma is permissible

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iii) The tenderers should indicate whether they possess the industrial license from Government of India for manufacturing and marketing theitems offered. If where collaboration with a foreign firm for manufacturing of the items offered is involved the details of the same should beindicated.

iv) No erasures or alterations in the text of the offer are permitted. Any correction made in the offer shall be initialed by the tenderer.v) The detailed break up of ex-factory price should be indicated here and if so required by the purchaser the tenderer shall produce satisfactory

proof in regard to the reasonableness of the same.vi) The foreign exchange needed for the import of the components and import licence where necessary, should be arranged by the supplier. The

purchaser will, however, render assistance required in this regard Clause – 15 of the ‘Instructions to Tenderers’.vii) Figures in columns 6,7 10 and 11 should be both in figures and words. In case of discrepancy in rates quoted in words and figures, the rates

quoted in words shall be considered.viii) Tenderers offering indigenous goods (Group A & B offers) may also take into account in their bids any benefits available for supplies against

IDA/BRD Credit through International Competitive Bidding, regarding deemed export after ascertaining from the appropriate GovernmentAgency/Agencies.

(ix) The purchaser reserve the right to accept or reject deviations from General and Special Conditions of Contract and the additional price forcomplying with the conditions of contract in each case and his decision thereon shall be final.

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ANNEXURE – 3

(Please see clause 4.2 (a) of Instructions to Tenderers)

PROFORMA FOR PERFORMANCE STATEMENT(For a period of last 5 years)

Tender No.----------------------------Date of opening--------------------Time---------------------Hours-----------

Name of the Firm ----------------------------------------------

Sr. No.

Order placed by (Full Address)

Order No.& Date

Description& quantity of stores ordered

Value of order

Date of completionof deliveryAs per actual contract

Remarks indicating reasons for late delivery, ifany.

Has the equipment been satisfactorily commissionedand is it giving troublefree service?

Signature and seal of theManufacturer/Tenderer.

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Annexure – 4

(Please see clause 4.2(b) of the Instructions of Tenderers.)

PROFORMA FOR EQUIPMENT AND QUALITY CONTROL

Tender No. ------------------ Date of opening ------------------ Time ------------ Hours ---------Name of the firm ------------------------------------------------------

Note: - All details required only for the items tendered.

1. Name and full address of the firm.2. Telephone & Telex No. Office/Factory/Works.3. Telegraphic address.4. Location of the manufacturing factory.5. Details of Industrial License, wherever required as per statutory regulations.6. Details of Plant & Machinery erected and functioning in each Deptt. (Monographs &

description pamphlets be supplied, if available.7. Details of the process of manufacture in the factory in brief.8. Detail & stocks of raw material held.9. Production capacity of items quoted for, with the existing plant & machinery.Normal.Maximum.10. Details of arrangement for quality control of products such as laboratory, testing equipment

etc.11. Details of staff.:Details of technical supervisory staff-in charge of production & quality controlSkilled labour employedUnskilled labour employedMaximum No. of workers (skilled & unskilled) employed on any day during the 18 months

preceding the date of application.12. Whether stores are tested to any standard specification, if so, copies of original test

certificates should be submitted in triplicate.13. Are you registered with the Directorate General of Supplies & Disposals, New Delhi, India.

If so, furnish full particulars of registration, period of currency etc.14. Are you a Small Scale Unit, registered with the National Small Industries/Corporation

Ltd., New Delhi, India. If so, furnish full particulars of registration, currency period etc.

Signature and seal of theManufacturer/Tenderer

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ANNEXURE - 5

(Please see clause 6.1 ( of ‘Instructions of Tenderers’)

Ref.: ___________________________

Date:____________________Bank Guarantee No.:___________________________________

PROFORMA FOR BANK GUARANTEE FOR BID GUARANTEE (ON BANK’SLETTER-HEAD WITH ADHESIVE STAMP) .

To

THE PRESIDENT OF INDIAacting through the Director, Track (MC)Ministry of Railways, Railway BoardNEW DELHI-110 001

Dear Sir,

In accordance with your invitation to Tender No.________ for supply of ______________M/s _______________________ hereinafter called the tenderer with their Directors on their Boardof Directors/Partners of firm:-

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

wish to participate in the said tender for the supply of. ________________ As a Bank Guaranteeagainst Bid Guarantee for a sum of ______________________ (in words & figures) valid for (225)two hundred and twenty five days from ___________________ required to be submitted by thetenderer as a condition for the participation, this bank hereby guarantees and undertakes during theabove said period of (225 ) two hundred and twenty five days to immediately pay, on demand by theDirector, Track (MC), Ministry of Railways, Railway Board, New Delhi-110 001, INDIA, in writingthe amount of _____________ in words & figures to the said, Director, Track (MC), Ministry ofRailways, Railway Board, New Delhi-110 001, INDIA, and without any reservation and recourse, if:

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i) the bidder after submitting his tender, modifies the rates or any of the terms andconditions thereof, except with the previous written consent of the purchaser: or

ii) the bidder withdraws the said bid within 180 days after opening of Bid or

iii) the bidder having executed the contract fails to give the bonds so aforesaid within theperiod provided in the contract; or

iv) The bidder having not withdrawn the bid, fails to execute the contractual documentswithin the period provided in the contract.

This guarantee will be irrevocable and remain valid upto 4.30 P.M. on _____________, if furtherextension to this guarantee is required, the same shall be extended to such required periods onreceiving instructions from M/s _____________________ on whose behalf this guarantee isissued.

Date : _______________Signature : __________________

Place : _________________ Printed Name ________________

Witness :_________________

___________________(Bank’s Common Seal)

Note: It shall be ensured that the complete particulars of the Banks’ (issuing bank guarantee) mailingaddress including telephone number, fax number & E-mail ID are invariably indicated on the BankGuarantee.

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ANNEXURE – 6

(Please see clause 7.8 of ‘Instructions to Tenderers’)

PROFORMA FOR AUTHORITY FROM MANUFACTURERS

No. _________ Date ______________

To

THE PRESIDENT OF INDIAActing through the Director, Track (MC)Ministry of Railways, (Railway Board)NEW DELHI-110 001

Dear Sir,

Sub.: Director, Track (MC), Ministry of Railways Tender No.:___________

We __________________ an established and reputable manufacturers of _____________ havingfactories and ________________ do hereby authorize M/s _______________ (name and address ofAgent) to represent us, to bid, negotiate and conclude the contract on our behalf with you againstTender No._____________.

No company/firm or individual other than M/s _______________ are authorized to represent us inregard to this business against this specific tender.

Yours faithfully,

(Name) for & on behalf of M/s _________

(Name of Manufacturer)

Note:This letter of authority should be on the letter-head of the manufacturing concern and should besigned by a person competent and having the power of attorney of bind the manufacturer.

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ANNEXURE – 7

(Please see clause 2.3, 2.4 and 7.7 ofInstructions to Tenderers)

PROFORMA FOR STATEMENT OF DEVIATIONS

1) The following are the particulars of deviations from the requirements of the tenderspecifications:-

CLAUSE DEVIATION REMARKS(Including-justifications)

2) The following are the particulars of deviations from the requirements of the Instructions toTenderers, General and Special Conditions of Contract:-

CLAUSE DEVIATION REMARKS(Including-justifications)

Signature and seal of the Manufacturer/Tenderer

Note:-

Where there is no deviation the statement should be returned duly signed with anendorsement indicating “No Deviations”.

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ANNEXURE – 8A(please see clause 21.1 of GeneralConditions of Contract)

PROFORMA OF BANK GUARANTEE FOR CONTRACT PERFORMANCEGUARANTEE BOND

Ref.: _________________ Date :_______Bank Guarantee No.

To

THE PRESIDENT OF INDIAActing through the Director, Track (MC)Ministry of Railways, (Railway Board),New Delhi-110 001, INDIA

1. Against contract vide advance Acceptance of the Tender No. __________ dated __________covering supply of _____________ (hereinafter called the said ‘contract’) entered intobetween the President of India and ____________ (hereinafter called the Contractor), this isto certify that at the request of the Contractor we, ___________________ Bank Ltd., areholding in trust in favour of the President of India, the amount of _________________(write the sum here in words) to indemnify and keep indemnified the President of India(Govt. of India) against any loss or damage that may be caused to or suffered by thePresident of India (Govt. of India) by reason of any breach by the Contractor of any of theterms and conditions of the said contract and/or the performance thereof. We agree that thedecision of the President of India (Govt. of India), whether any breach of any of the terms ofthe conditions of the said contract and/or in the performance thereof has been committed bythe Contractor and the amount of loss or damage that has been caused or suffered by thePresident of India (Govt. of India) shall be final and binding on us and the amount of thesaid loss or damage shall be paid by us forthwith on demand and without demur to thePresident of India (Govt. of India).

a. We __________________ Bank Ltd., further agree thatthe guarantee herein contained shall remain in full force and effect during the period thatwould be taken for satisfactory performance and fulfillment in all respects of the saidcontract by the Contractor, i.e., till ______________ (viz. till satisfactory commissioning ofthe machine(s) at consigns works i.e six months after the date of last shipment/delivery ofthe goods ordered) hereinafter called the ‘said date’ and that if any claim accrues or arisesagainst us ________ Bank Ltd., by virtue of this guarantee before the said date, the sameshall be enforceable against us ( ______ Bank Ltd.), notwithstanding the fact that the sameis enforced within six months after the said date, provided that notice of any such claim hasbeen given to us, _______ Bank Ltd., by the President of

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India (Govt. of India) before said date Payment under this letter of guarantee shall be madepromptly upon our receipt of notice to that effect from the President of India (Govt. ofIndia).

3. It is fully understood that this guarantee is effective from the date of the said contract andthat we _________ Bank Ltd., undertake not to revoke this guarantee during its currencywithout the consent in writing of the President of India (Govt. of India).

4. We undertake to pay to the Government any money so demanded notwithstanding anydispute or disputes raised by the Contractor in any suit or proceeding pending before anycourt or Tribunal relating thereto our liability under this present being obsolute andunequivocal.

The payments so made by us under this bond shall be a valid discharge of our liability forpayment thereunder and the Contractor shall have no claim against us for making suchpayment.

5. We, _________ Bank Ltd., further agree that the President of India (Govt. of India) shallhave the fullest liberty, without affecting in any manner our obligations hereunder to varyany of the terms and conditions of the said contract or to extend time of performance by thecontractor from time to time or post for any time or from time to time any of the powersexcisable by the President of India (Govt. of India) against the said Contractor and to forbearor enforce any of the terms and conditions relating to the said contract and we, _________Bank Ltd.,) shall not be released from our liability under this guarantee by reason of anysuch variation or extension being granted to the said Contractor or for any forbearanceand/or commission on the part of the President of India or any indulgence by the Presidentof India to the said Contractor or by any other matter or thing what-so-ever, which under thelaw relating to sureties, would, but for this provision have the effect of so releasing us fromour liability under this guarantee.

6. This guarantee will not be discharged due to the change in the constitution of the Bank or theContractor.

Date :_________ Signature :____________Place :__________ Printed Name :___________Witness :___________ Designation

__________

(Bank’sCommon Seal)

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ANNEXURE-8B

PROFORMA OF BANK GUARANTEE FOR 10% CONTRACT VALUE TOWARDSWARRANTY GUARANTEE.

To,

THE PRESIDENT OF INDIA,Acting through the Director Track (MC),Ministry of Railway,(Railway Board) Rail Bhavan, Raisina Road, New Delhi -110 001, INDIA.

Sub: Guarantee No.---------------------------------for----------------------(Amount) Covering equipment (s) Serial No.----------------------------------supplied to --------------------------------------------------------------------(Consignee/s).

Ref: Contract No.---------------------------------------------dated---------------------------------

Placed on M/s.--------------------------------------------------

1. WHEREAS M/S.------------------------------------------------------------- one of ourconstituents,(hereinafter called the “Sellers”) have agreed to sell to you (hereinafter referred to as the“Government”) Nos. of ------------------------------------------------------------------- (give description)as per contractNo.-------------------------------------------------------------------------------------

Dated-------------------------------------------------- (hereinafter called “the said contract)

2. AND WHEREAS according to the terms of said contract, it has been stipulated that paymentof 10% of the value of the stores would be made, provided that the sellers furnish to the Purchaser aBank Guarantee from a recognized bank, acceptable to the Purchaser for 10 per cent of the value ofthe said contract, valid for a period covering in full the Guarantee Period as per the warranty clause-9 of Special Conditions of the contract, being the conditions attached to and forming part of the saidcontract.

3. AND WHEREAS the Sellers have approached us to give the said Bank Guarantee on their behalf in your favour for an amount representing 10 per cent of the value of the said contract which you have agreed to accept.

4. That in consideration of the promises and at the request of the said Sellers, we hereby irrevocably undertake and guarantee to pay to the Government of India or at such other place as maybe determined by you forthwith on demand and without any demur, any sum upto a maximum amount of ------------------- representing 10 per cent of the value of the stores dispatched under the said contract in case the Seller make default in paying the said sum or make any default in the performance, observance or discharge of the guarantee contained in the said contract.

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5. We agree that the decision of the Government, whether any default has occurred or has been committed by the Sellers in the performance, observance or discharge of the guarantee aforesaid shall be conclusive and binding on us M/s.-----------------------------------------------------------------------------.

6. Government shall be at liberty, from time to time, to grant or allow extension of time or give other indulgence to the said Sellers or to modify the terms and conditions of the contract with the said Sellers without affecting or impairing this guarantee or our liability hereunder.

7. We undertake to pay to the Government any money so demanded notwithstanding any dispute or disputes raised by the Sellers in any suit or proceeding pending before any Court or Tribunal relating thereto our liability under this present being absolute and unequivocal. We also undertake to pay to the Government any money so demanded against the Purchaser’s claims in any other contracts placed on the said Sellers.

The payment so made by us under this bond shall, be a valid discharge of our liability for payment thereunder and the Sellers shall have no claim against us for making such payment.

8. This bank guarantee comes into force when the balance ten percent of the value of the stores,shipped per Vessel ------------------------------------ vide Bill of Lading No. ------------------------------------------ dated ------------------------------------------ or R/RNo ----------------------------- dated ----------------------- (in the case of indigenous contracts) under the said contract, has been paid and will remain in full force and effect up to ------------------------- . ( viztill the date of expiry of the warranty period as per clause -9 of the Special Conditions of the contract).

9. This guarantee will not be discharged due to the change in the constitution of the Bank or theSellers.

10. That no claim under this guarantee shall be entertained by us unless the same has been preferred by the Government within the said date.

Date -------------------------- Signature ---------------------------

Place -------------------------- Printed Name ----------------------

Witness ----------------------- (Designation) ------------------------

Bank’s Common Seal

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Annexure-8C(please see Cl. 4.1 b) of Instructions to Tenderers)

PROFORMA OF BANKER’S REPORT

Ref.:__________________ Date:_____________

To

THE PRESIDENT OF INDIAActing through the Director, Track(MC)Ministry of Railways (Railway Board)New Delhi-110001, INDIA

Sub: Global Tender No._____________________ for procurement of__________________.

We understand that M/s.____________________intend to bid for subject tender.In this connection, we are pleased to provide you with the following information onsaid firm.

That M/s._________________ (Firm’s complete address to be mentioned here)has had a long standing relationship with this Bank since _____________ (theyear to be mentioned here) and has been maintaining satisfactory relationship withour bank.

That M/s. ______________ has proved themselves as a reliable and trustworthypartner with a good financial standing.

That in our opinion M/s. ______________ has sufficient equity means and liquidassets as well as access to credit lines & other financial means to meet allcontractual obligations under the subject tender.

Date______________ Signature______________

Place_____________ Printed Name___________

Witness___________ (Designation)__________

Bank’s Common Seal

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Annexure – 9

(Please see clause 14.1 ofInstructions to Tenderers)

DETAILS OF SHIPPING ARRANGEMENTS FOR LINER CARGOES IN RESPECT OFFOB/CFR TRUNKEY/CONTRACTS FOR IMPORTS.

1. (a) SHIPMENT FROM PORTS OF U.K. INCLUDING NORTHERN IRELAND(ALSO EIRE), FROM THE NORTH CONTINENT OF EUROPE (GERMANY,HOLLAND, BELGIUM, FRANCE, NORWAY, SWEDEN, DENMARK,FINLANDAND PORTS ON THE CONTINENTAL SEABOARD OFMEDITERRANIAN ( i.e. FRENCH AND WESTERN ITALIAN PORTS), TOPORTS IN INDIA.

The Seller should arrange shipment of the goods by vessels belonging to the member Linesof the India-Pakistan-Bangladesh Conference, if the Seller finds that the space on the ‘ConferenceLines’ vessels is not available for any specific shipment, he should take up with India-Pakistan-Bangladesh Conference. Conferity House, East Grin stead , Sussex (U.K), for providing shippingspace and also inform the Shipping Co-ordination Officer, Ministry of Shipping, Transport Bhavan,New Delhi, India (Cable: TRANSCHART, NEW DELHI, TELEX: VAHAN IN –031-61157, 61158,61159).

The Sellers should arrange shipment through the Government of India`s Forwarding Agents,M/s. Schenker & Co., 2000-Hamburg (Cable: SCHENKER CO. HAMBURG) OR obtain acertificate from them to the effect that shipment has been arranged in accordance with Instructions ofthe Ministry of Shipping, Transport Bhavan, New Delhi, India.

(b) SHIPMENT FROM (RESTOCK) G.D.R.

Goods under this contract would be shipped by the national shipping companies of theContracting Parties operating bilateral shipping service and vessels under the flag of third countriesin accordance with the Agreement between Government of German Democratic Republic and theGovernment of the Republic of India in the Field of Merchant shipping signed on 9.1.1979, asamended up-to-date.

(c) SHIPMENT FROM ADRIATIC PORTS OF EASTERN ITALY ANDYUGOLAVIA.

The Seller should arrange shipment of the goods by vessels belonging to the followingIndians member lines;

1. The Shipping Corporation of India Ltd.2. The Scandia Steam Navigation Co., Ltd.3. India Steamship Co., Ltd.

For the purpose of ascertaining the availability of suitable Indian vessels and grantingdispensation in the event of their non-availability, the Seller should give adequate notice about

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the readiness of each consignment from time to time at least six weeks advance of the requiredposition to M/s. Schenker & Co. 2000 HAMBURG (Cable: SCHENKER CO. HUMBURG) and alsoendorse a copy thereof to the Shipping Co-ordination officer, Ministry of Shipping, TransportBhavan, New Delhi, India (Cable: TRANSCHART, NEW DELHI; Telex : VANAN IN-031-61157,61158,61159).

The Seller should arrange shipment through the Government of India`s Forwarding AgentsM/s. Schenker & Co. Hamburg (Cable: SCHENKER CO. HUMBURG) or obtain certificate fromthem to the effect that shipment has been arranged in accordance with the Instructions of theMinistry of Shipping, Transport Bhavan, New Delhi, India.

(d) SHIPMENT FROM POLAND & CZECHOSLOVAKIA.

(i) IMPORTS FROM POLAND.

Shipment under this contract would be made by the National flag lines of the two parties and vessels of third flag conference lines, in accordance with the agreement between the

Government of the Republic of India and the Government of the Polish People`s Republic regardingShipping Co-operation dated 27.6.1960 as amended up-to-date.

(ii) IMPORTS FROM CZECHOSLOVAKIA.

Goods under this contract would be shipped by the National flag lines of the two parties and vessels of third flag conference lines, in accordance with the agreement co-operation in shippingbetween India and Czechoslovakia signed on 3.11.1978 and ratified on 19.12.1979, as amended up-to-date.

Shipping arrangements should be made by the Sellers in consultation with the resident,Representative of the India Shipping Lines in Gdynia, Co., Morska Agencja W.Gdyniul, Pulaski ego8,P.O. Box 246 ; Gdynia (Poland) Telex : MAG PL.054301, Tel. : 207621), to whom detailsregarding contract number, nature of cargo, quantity, port of loading discharging, name ofGovernment consignee, expected date of readiness of each consignment etc. should be furnish atleast six weeks in advance of the required position, with a copy thereof endorsed to the Shipping Co-ordination Officer, Ministry of Shipping ,Transport Bhavan, New Delhi, India (Cable:TRANSCHART, NEW DELHI; Telex : VANAN IN-031-61157, 61158,61159).

(e) SHIPMENT FROM U.S.S.R.

Shipment under this contract should be made in accordance with the agreement between theGovernment of Republic of India and the Government of the USSU on Merchant Shipping 1976, asamended up-to-date, by vessels of Indo-Soviet Shipping Service.

(f) SHIPMENT FROM JAPAN.

The shipment of goods should may be made by India vessels to the maximum extentpossible subject to minimum of 50%.

The Seller should arrange shipment of the goods in consultation with the Embassy of India in Japan, Tokyo, to whom details regarding contract number, nature of cargo, quantity, port

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of loading/discharge, name of the Government Consignee, expected date of readiness of eachconsignment etc. should be furnished at least six weeks in advance of the required position.

Note:- The copies of such contracts are to be endorsed both to the Attaché (commercial)embassy of India in Japan, Tokyo, and the shipping Co-ordination Officer, Ministry ofShipping , Transport Bhavan, New Delhi, India.

(g) SHIPMENT FROM ASUTRALLIA, ALGERIA, BULGARIA, ROMANIA,EGYPT.

The Seller shall arrange shipment of the goods by Indian flag vessels to the maximum extentpossible subject to a minimum 50% for the purpose of ascertaining the availability of suitable Indianvessels, the seller shall give adequate notice of not less than six weeks about the readiness of eachconsignment to the Shipping Corporation of India Ltd. SHIPPING HOUSE, 245, Madame CamaRoad, Mumbai –400v021 (CABLE : SHIPINDIA MUMBAI) and also endorse a copy thereof to theShipping Co-ordination Officer, Ministry of Shipping, Transport Bhavan, New Delhi, India ((Cable:TRANSCHART, NEW DELHI; Telex : VANAN IN-031-61157, 61158,61159).

(h) SHIPMENT FROM PAKISTAN.

The shipment of cargoes should be made by Indian vessels to the maximum extent possiblesubject to a minimum of 50%.

Shipping arrangement should be made by the Sellers in consultation with M/S. Mogul LineLtd., 16-Bank Street, Fort, Mumbai – 400 023 ( Cable : MOGUL MUMBAI ; TELEX : 011-4049MOGUL), to whom, details regarding contract number, nature of cargo, quantity, port of loading/discharging, name of Government consignee, expected date of readiness of each consignment etc.,should be furnished at least six weeks in advance of the required position with a copy thereofendorsed to the shipping Co-ordination Officer, Ministry of Shipping, Transport Bhavan, New Delhi,India ((Cable: TRANSCHART, NEW DELHI; Telex : VANAN IN-031-61157, 61158,61159).

(i) SHIPMENT FROM U.S. ATLANTIC & GULF PORTS.

The Seller should arrange shipment of the goods by vessels belonging to the member linesof the India-Pakistan-Bangladesh-Ceylon and Burma outward Freight Conference. If the Seller findsthat the space of the ‘ Conference Lines’ vessels in not available for any specific shipment, he shouldtake up with India-Pakistan-Bangladesh-Ceylon and Burma outward Freight Conference, 19 RectorStreet, New York N.Y. 10006 U.S.A. for providing shipping space and also inform the Shipping Co-ordination Officer, Ministry of Shipping, Transport Bhavan, New Delhi, India ((Cable:TRANSCHART, NEW DELHI; Telex : VANAN IN-031-61157, 61158,61159).

(j) SHIPMENT FROM ST.LAWRENCE AND EASTERN CANADIAN PORTS.The Seller should arrange shipment of the goods by vessels belonging to the following

shipping lines:(1) The Shipping Corporation of India Ltd.(2) The Scindia Steam Navigation Co. Ltd.

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If the Seller finds that the space in the vessels of these Lines is not available for anyparticular consignments, he should inform the Shipping Co-ordination Officer, Ministry of Shipping,Transport Bhavan, New Delhi, India ((Cable: TRANSCHART, NEW DELHI; Telex : VANAN IN-031-61157, 61158,61159) immediately so the dispensation from the shipping lines concerned to usealternative lifting may be sought.

(k) SHIPMENTS FROM WEST COAST PORTS OF U.S.A. CANADAAND OTHER AREAS NOT SPECIFICALLY MENTIONED ABOVE.

The Seller should arrange shipment of the goods by Indian vessels to the maximumextent possible subject to a minimum of 50%. For the purpose of ascertaining theavailability of suitable Indian vessels and granting dispensation in the event of their non-availability, the Seller should furnish the details regarding contract number, nature of cargo,quantity, port of loading/discharge, name of the Government consignee and expected date ofreadiness of each consignment, etc. to the Shipping Co-ordination Officer, Ministry ofShipping, Transport Bhavan, New Delhi, India ((Cable: TRANSCHART, NEW DELHI;Telex : VANAN IN-031-61157, 61158,61159) at least six weeks in advance of the requiredposition.

2. BILLS OF LADING.

(i) CFR/TURNKEY SHIPMENTS.

The bills of lading should be drawn to indicate Shipper, and ‘Consignee’ as under:

SHIPPER : The CFR/TURNKEY SHIPMENTS.CONSIGNEE : As per consignee`s particulars in the contract ( The name and address of

the ‘Port Consignee’ and ‘Ultimate’ both should be indicated)

(ii) FOB SHIPMENTS. The bills of lading should be drawn to indicate Shipper, and ‘Consignee’ as under:

SHIPPER : The FOB suppliers concerned.CONSIGNEE : Suppliers Indian Agents on order.

Note 1. Moreover the name of the ‘Purchaser’ and ‘Ultimate’ Consignee, should appear in thebody of the Bills of Lading as per the ‘Notify’ or as remark.

2. Two n0n-negotiable copies of the Bills of Lading indicating the freight amount anddiscount, if any allowed, should be forwarded to the Shipping Co-ordination Officer,Ministry of Shipping, Transport Bhavan, New Delhi, India after the shipment of eachconsignment is effected.

3. The Seller should avoid the use of over-aged vessels for the Shipment of the goodsunder the contract and if so used, the cost of additional Insurance, if any, shall be borne bythe Seller.

D-20

Annexure –10(Please see clause 14.1 of Instruction to Tenderers.)

DETAILS OF SHIPPING ARRANGEMENTS OF LINER CARGOES IN RESPECT ON FOBCONTRACTS FOR IMPORTS.

1. Shipping arrangements will be made by the Ministry of Shipping, Transport Bhavan,New Delhi, India ((Cable: TRANSCHART, NEW DELHI; Telex : VANAN IN-031-61157,61158,61159), through their respective forwarding Agents/Nominees as mentioned below,to whom adequate notice about the readiness of cargo for shipment should be given by theSellers from time to time at least six weeks in advance of the required for finalizing theshipping arrangements.

S.No. Area Forwarding Agents/Nominees(a) UK including Northern Ireland (also

Eire), the North Continent ofEurope(Germany, Holland, Belgium,France, Norway, Sweden, Finland andDenmark) and ports on the ContinentalSea Board of the Mediterranean (i.e.French and Western Italian Ports) andalso Adriatic Ports.

M/s. Schenker & Co.,2000 Hamburg –11, POB No. 110313

(Cable : SCHENKERCO HAMBURG)Telex : 217004-33 SHD 212675

Telephone No. 040/36135-0

(b) USA, Canada, Mexico & SouthAmerica, Brajil.

M/s. OPT Overseas Project Transport Inc.,46, SELLERS STREET, KEARNY,

NEW JERSEY 07032.TEL : (201) 998-7771

TELEX: 673-3586FAX : (201) 998-7833

(C) Japan. The First Secretary (Commercial)Embassy of India, Tokyo, Japan

(Cable : INDEMBASSY TOKYO)TELEX : INDEMBASST J-24850

TELEPHONE : 262-2391(d) Australia, Algeria, Bulgaria, Romania,

Czechoslovakia, Egypt, GDR.The Shipping Corporation of India Ltd.,

‘Shipping House’ 229/232Madame Cama road, Mumbai- 400 –21

(Cable : SHIP INDIA MUMBAI),Telex : 31-2209 SCID IN,

Telephone : 232666,232785(e) Russia, Ukraine, etc. (USSR Block) The Secretaries, Indo-Soviet Shipping

Service, C/o The Shipping Corporation ofIndia Ltd.,

D-21

Shipping ‘House’ 245, Madame CamaRoad, Mumbai – 400 021

(Cable : SHIP INDIA MUMBAI FOR SOVIND SHIPTelex : 31 2209 SCID INTelephone : 232666

(f) Poland The Secretaries, Indo-Polish ShippingService, C/o The ShippingCorporation of India Ltd., Shipping‘House’ 245, Madame Cama Road,Mumbai– 400 021

(Cable : SHIP INDIA MUMBAI FORINDOPOL)

Telex: 3165119 SCID INTelephone: 232666

(g) Pakistan The Mogul-Line Ltd.,16 Bank Street,Fort Mumbai –400 023(Cable: MOGUL MUMBAI)Telex: 011-4049 (MOGUL)Telephone: 252785

(h) Other areas not specifically mentionedabove

The Shipping Co-ordination Officer,Ministry of Shipping, TransportBhavan, New Delhi, India (Cable:TRANSCHART, NEW DELHI;Telex : VANAN IN-031-61157,61158,61159)

2. BILLS OF LADING.

The Bills of Lading should be drawn to indicate ‘Shipper and Consignee’ as under-:

SHIPPER : The Government of India

CONSIGNEE : As per consignee`s particulars in the Contract, (The name and address of the ‘Port Consignee and Ultimate Consignee’ should both be indicated).

3. Two non-negotiable copies of the bills of lading indicating the freight amount and discount,if any allowed, should be forwarded to the Shipping Co-ordination Officer, Ministry ofShipping, Transport Bhavan, New Delhi, India after the shipment of each consignment iseffected.

4. The Seller should avoid the use of over-aged vessels for the shipment of the goods under thecontract and if so used, the cost of additional insurance, if any, shall be borne by the Seller.

D-22

MINISTRY OF SHIPPING, TRANSPORT BHAVAN, NEW DELHI,INDIA

(Cargo particulars in respect of Imports, from USA and Canada)

1. Name of U.S./Canadian suppliers with Postal/ Telegraphicaddress.

2. Contract Number and date, date to be spelled in wordsspecially month of avoid misunderstanding.

3. Full Designation and Postal/Telegraphic address of the PortConsignee and Ultimate Consignee.

4. Brief Description of Cargo.

5. Delivery Date.

6. Port of Shipment.

7. Port of Discharge.

8. Terms of delivery (The terms FOB is generally interpretedin USA as FOB loading point ( i.e. Works/Factory or Warehouse which are located in the interior). If delivery is basisFOB Plant/Works, Dollar Fund is necessary to cover inlandfreight payment up to F.A.S. vessel port of Shipment. AlsoF.A.S. West Coast and Gulf Ports involve additional chargestowards wharlage and handling, where handling is involved,to be paid in Dollars. If payment by L/C is established byimporters, whether such charges have been provided in L/C,should be indicated

9. Source of Fund, i.e. free foreign currency or loan. If former,indicate foreign exchange sanction No. and date. In case oflater, Loan number should be indicate.

10. Paying authority, how the cost of goods etc., will bereimbursed, whether through C.A.O., Embassy of India,Washington D.C. or by L/C to be arranged by importer. Thename of Account Officer in India and head of Account inthe former case to be indicated.

D-23

11. Whether Transit/Marine Insurance is required/ arranged(insurance is required or nor required to be clearly stated)

12. If payment of freight to U.S flag involved(i.e.A.I.D./D.L.F./E.X.I.M. Loans required 60 percent byU.S. Flag) and whether Dollar Fund has been madeavailable to C.A.O. Embassy of India , Washington. If so,details to be given.

13. Import Licence number and validity date. If import Licence( in India) is required.

14. Flag requirements, if any, to be indicated.

15. If, Export Licence required, whether suppliers advised toapply in the name of Commerce and Supply Wing,Embassy of India, Washington D.C. and submit applicationto them.

Note:- This form should be filled in and sent ( in duplicate) to the Shipping Co-ordination Officer,Ministry of Shipping, Transport Bhavan, New Delhi, India

D-24

MINISTRY OF SHIPPING, TRANSPORT BHAVAN, NEW DELHI,INDIA

Particulars of Cargoes for which Shipping space is required to be arranged by the Ministry ofShipping, Transport Bhavan, New Delhi, India on behalf of Ministry/Department/Project/undertaking.

Name of supplier with Telegraphic Postal address

Name of the Consignee with Telegraphic Postal address

Particular of cargo

Cargo availability whether shipload or parcel if the latter sizeof parcels

Period over which shipment to becompleted

Loading port

Discharge port

Nature of contract FOB/CFR Turnkey

Any special conditions in that contract relating to shipment

Description

Quantity

1 2 3 4 5 6 7 8 9 10

1. This form should be filled in and sent (in duplicate) to the Chief Controller of Chartering (inrespect of bulk cargoes ) and to the Shipping Co-ordination Officer, (in respect of generalliner cargoes) Ministry of Shipping, Transport Bhavan, New Delhi, India together with twocopies of the Purchase/Sale contract as soon as relevant contract is finalized.

2. This pro-forma is for all contract for imports and exports (except those for imports fromU.S.A. and Canada).

3. In case of import of general liner cargoes from Japan, the cargo particulars pro-forma shouldbe sent in quadruplicate and in respect of FOB/CFR Turnkey contract for import U.K.Continent in quarter duplicate.

D-25

GOVERNMENT OF INDIAMINISTRY OF RAILWAYS

(RAILWAY BOARD)

TENDER DOCUMENT

PART – III

SECTION –E SCHEDULE OF REQUIREMENT

SECTION – F TECHNICAL SPECIFICATION

SECTION – E

SCHEDULE OF REQUIREMENTS

Schedule of Requirements

Tender No. Track-III/2014/22/0101 of 2014

Offers will be received upto 14.30 hrs. on 18.07.2014. Offers will be opened on18.07.2014 at 15.00 hrs.. Amount of Earnest Money/Bid Guarantee to be deposited isRs.20,00,000/- (Rupees Twenty lacs only).

ItemNo.

Description of Stores Quantity

1. High Output Tamping & Dynamic Stabilizing Machines (HOT&S-3X)

07 Nos.

1. Delivery Schedule: The machines along with the spares are to be delivered within34 months ( thirty four) from the date of placement of order/opening of Letter ofCredit.

Note: i) The tenderer shall also indicate the schedule of shipment/supply ofimported components in case of partly imported partly indigenous machine.

ii) The delivery schedule quoted by the tenderer shall indicate the supplyschedule of individual machine.

iii) In case the imported machine/semi-finished machine is required to betransported on its wheels on track from the Indian port to the site of commissioning,the same is required to be accompanied by service engineer of supplier during suchmovement.

2. Attention of the tenderers is invited to para 6 of the ‘Instructions to Tenderers’regarding deposit of Earnest Money/Bid Guarantee. Any tender not accompaniedby Earnest Money/Bid Guarantee in one of the approved forms shall berejected.

3. The Tenderers should indicate the weight, size and volume of each of thepackages/container with the details of materials proposed to be packed. Offersagainst this tender will be entertained only from those firms who have purchased thebid documents in their own name on payment of the specified charges. Offers fromother firms will be summarily rejected.

4. In case the date of Tender opening falls on a Gazetted holiday or is subsequentlydeclared a holiday, the tenders will be opened on the next working day at theappointed time.

5. Bid from Agents not accompanied with the letter of authority from the manufacturerswill be summarily rejected.

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E-1

SECTION – F

TECHNICAL SPECIFICATION

Technical Specification for High Output Tamping cum Stabilizing Machine capable of 3500

sleepers per hour peak output for B.G. (1676mm).

1.0 General:

Due to increasing traffic on Indian Railways, the availability of time period(Traffic Block) for working of track maintenance machines is reducing. Thereis a need for high output machines with continuous operation so that evensmaller traffic blocks can be effectively utilized for maintenance of track.Conventional tamping machines are used for levelling, tamping and liningwork of track. These maintenance operations result in reduction in lateralstability of track thus rendering track unsuitable for high speeds immediatelyafter maintenance, particularly if the temperature are high. With theincreased quantum of traffic moving at high speeds, it is very essential torestore the stability of track as early as possible. Controlled consolidation oftrack by stabilization following the tamping would also lead to longerretention of maintenance work. Presently, separate stabilizing machine isused behind the tamping machines for the purpose. Need was felt to have amachine which would combine both these activities and simultaneouslyexecute both the jobs in the same sequence. Some of the advantageexpected of having combined machine for the purpose instead of twoseparate machines are:

a) Operation of shunting is reduced and time lost in entry /exit to and from yardto block section is reduced.

b) A combined machine improves safety in movement vis-à-vis two machinesfollowing each other.

c) Track possession is utilized optimally.

d) Reduces number of operating staff and also saves on fuel consumption thuslowering operational cost.

This specification is laid down for a robust and sturdy high output tracklining, lifting , levelling and tamping cum stabilizing machine (hereinaftercalled the machine), which should be suitable for track geometry correctionat maintenance and renewal/construction sites. The machine shall becapable of improving the track geometry up to mainline high-speedstandards and continuous tamping and stabilizing operation for high anddurable output.

1.2 The technical specifications have been drafted to reflect the performanceand quality requirements of the machine in a neutral manner without bias toany specific manufacturer. Bidders are requested to carefully study thespecification and ensure that their machines fully comply therewith. If abidder feels that his machine can substantially meet the performance andquality requirements but does not fully satisfy a particular systemspecification, he should immediately seek clarification from the purchaserprior to submission of bids as to whether such deviation is substantive or not.

The Bidder shall mention the deviations, if any, in the statement of deviationfrom the specifications, giving the details how the functional requirements aregoing to be met with.

1.3 The bidder shall specify the model offered and furnish a detailed technicaldescription of the same. Systems/sub-systems of the working mechanism ofthe machine as per para 3.0 in particular and all the items of thespecifications in general shall be described in details in the “TechnicalDescription” along with sketches to show the manner in which therequirements of the specifications are accomplished by the machine (model)offered.

1.4 Photograph of the type of machine offered in work mode shall be enclosedwith the offer. These shall also show the close ups of various workingassemblies/systems. The tenderer shall furnish a compact disc or DVD orUSB showing the working of machine in real time under field conditions.

2.0 Dimensional and operating requirements:

2.1 The machine shall be diesel powered vehicle which shall be robust, of latestdesign, reliable and suitable for working on plain track, transitions and curvedtracks (up to 100) on the Broad Gauge (1676 mm) of Indian Railways. Thedesign and dimensions of the machine and components shall be to metricstandards. Quality assurance during manufacturing shall be as per ISO-9001.

2.2 The machine shall be self propelled bogie type vehicle.

2.3 The profile of the machine longitudinally and in cross section during transferas self propelled vehicle or towed in train formation shall be within the IndianRailways schedule of Dimensions 1676mm Gauge (BG), revised 2004 withthe latest corrigendum and up to date correction slips issued. The minimumand maximum moving dimensions are enclosed at Annexure-I. The tenderershall submit the sketches of machine in plan and shall give calculation formoving dimension on 100 curves to show the extent of lateral shift at theends, centre and any other relevant cross sections. It shall be ensured thatthe machine does not cause infringement while moving on a 100 curve.

2.4 Adequate clearance shall be allowed so that no component infringes theminimum clearance of 102 mm from rail level while travelling.

2.5 Axle load shall be lesser than 20.32t with minimum axle spacing of 1.83m.Load per metre shall not exceed 7.67t.Axle loads upto 22.82t and lower axlespacing may be permitted provided the load combinations do not causeexcessive stresses in the track and bridges of IR. Stresses in the track andbridges shall be calculated by IR/RDSO, based on design data submitted bythe firm as per Annexure–II and decision of IR/RDSO shall be final in thisregards.

2.6 It shall have a minimum wheel diameter of 914mm (new wheel profile).However, lesser diameter up to 730 mm (new wheel profile) can also beconsidered, provided it meets the condition laid down in clause 2.4 at itscondemnation limit also rail wheel stresses for 72 UTS rails are withinpermissible limits. Forged wheels to Indian Railways profile shall be providedon the machine. It is desirable that 50mm margin between new and permittedworn wheel diameter should be available, but this should not be less than20mm.The worn out wheel diameter (condemning worn out diameter) basedon the criteria of rail wheel contact stresses for various maximum axle loadsare as under:

Maximum axle load (tonne) Minimum worn out wheel diameter 22.82 908mm22.00 878mm21.50 860mm21.00 841mm20.32 816mm20.00 805mm19.50 787mm19.00 768mm18.50 750mm18.00 732mm17.50 713mm

17.42 710mm

2.7 The wheel profile shall be as per Indian Railway standard wheel profileprovided in Annexure-III

2.8 It shall be capable of negotiating curves up to 10 degree curvature (175mradius), super elevation up to 185 mm and gradients up to 3% in travel mode.The supplier shall specify the minimum attainable speed under the abovelimiting conditions, which in any case shall not be less than 40 Kmph.

2.9 It shall be capable of continuous operation during the varying atmospheric andclimatic conditions occurring throughout the year in India. The range ofclimatic conditions is as follows:

Ambient temperature : 0° to 55° C Altitude : Sea level to 1750 m above mean sea levelHumidity : 40 to 100%

Maximum rail temperature : 70° C

2.10 During transfer from one station to another, it shall be capable of travelling onits own at a speed of 80 kmph and at a speed of 100 kmph when hauled in atrain formation. Since the machine is likely to cover long distances on its ownpower, the travel drive system should be robust to sustain theserequirements during the life of the machine. The machine should be capableof hauling an 8-wheeler camping coach at a maximum speed of not less than50kmph.

2.11 It shall be capable of working without requiring power block in electrifiedsections. 25 KVA power is used for traction through an overhead wire at 5.5m above rail level. On bridges and in tunnels the height is restricted to 4.8m.

2.12 The machine or its any part shall not infringe the adjoining track as per “IndianRailways Schedule of Dimensions 1676mm gauge (BG), Revised 2004 withthe latest corrigendum and up to date correction slips issued” while openingand closing the work. During working, also it shall not infringe the adjoiningtrack and it shall be possible to permit trains at full speed on that track.Minimum spacing of track is 4.265 m centre to centre.

2.13 It shall be possible to drive the machine in both directions at thesame speed.

3.0 Working Mechanism

3.1 The machine shall consist of a tamping portion (main machine) and anintegrated stabilization unit. The stabilizing unit shall be in the form of trailerlinked by an articulated coupling. The machine shall be capable of carryingout automatic lifting, leveling, tamping, lining along with simultaneousstabilization of the tamped track, at the peak rate of 3500 sleepers per hourover a period of not less than 10 minutes and an average of not less than2700 sleepers in an effective hour of working on all type of track structures inIndian Railways with uniform sleeper density which may vary from 55 to75cm. The time shall be counted from start to finish of tamping work at workplace. Stoppage of work not attributable to machine shall be discounted. Thesetting up time and winding uptime shall be measured and the total timetaken by the two operations of setting up and winding up of the machinetogether shall not exceed 10 minutes. The tenderer shall furnish the fulldetails of the working cycle of the machine, its timings and other operationaldetails.

3.2 The machine shall be provided with automatic tamping equipment. Separatetamping units have to be provided for each rail. Each unit comprising oftamping tools, shall be operated hydraulically.

3.3 The work units for tamping, lifting and lining shall be positioned on an under-frame separate from the main frame capable of cyclic movement fromsleeper to sleeper, independent of the main frame, to facilitate continuousworking for high output so that the operator does not get undue fatigue dueto acceleration pull, braking jolt in each tamping cycle.

3.4 The tamping below the sleepers, after the track geometry correction, shall bebased on vibratory squeeze principle to achieve a durable compaction. Theamplitude, vibration frequency and squeezing pressure to achieve a durablecompaction shall be specified.

3.5 The ballast depth ranging from 300 mm to 350 mm shall be effectivelycompacted having zone of influence of tamping of approx. 150mm layer

below the bottom of sleepers. The maximum depth of concrete sleeper isequal to 210mm. There should be provision for step-less adjustment of thedepth of tamping tools to suit different types of sleepers.

3.6 Amplitude and vibration frequency of the tamping tools should be such thatdurable compaction under the sleeper is achieved.

3.7 The tamping tools should come to rest automatically after they encounter theresistance from the ballast to pre-selected squeezing pressure and hold thesqueezing pressure for pre- set time. It shall be possible to vary thesqueezing pressure holding time, to suit varying ballast conditions.

3.8 The lifting system shall be such that the track can be lifted without bearing onthe ballast. The machine frame and the lifting system shall be strong enoughto bear the track lifting forces for all types of track structures for 150 mm liftsin one go. The free rail length between the two bogies of the main machineshall be long enough to permit the track lifting up to 150 mm in one go,having 60 Kg rails on concrete sleepers without excessive stresses in the railor on the lifting mechanism. The lifting system should hold the railcontinuously rather than releasing and re-lifting the rail at every tampingcycle. However, the lifting/lining system and actual tamping should be sosynchronized that the track is stiffly held in position and there is nomovement in the track when the tamping tool is inserted for tamping. This isrequired to ensure that the lift and slew are not altered during the processwhile track is being tamped

3.9 The machine shall be provided with automatic levelling equipment which willpermit correct levelling of the track including provision of super elevationalong with tamping. Tolerance achievable shall be as follows:

Unevenness : + 1 mm on 3.6 m ChordCross level : + 1 mm Alignment : + 2 mm on 7.2m ChordTwist : 1 mm/m

3.10 The machine shall be fitted with automatic lining equipment capable ofcarrying out lining simultaneously with leveling. The machine shall also havethe ability to slew 60 Kg concrete sleeper track up to 150 mm in one go for alltype of track structures.

3.11 The machine shall be capable of tamping, lifting, lining and stabilization oftrack with up to 60 Kg long welded rails or short welded rails or fish-platedrails laid on pre-stressed concrete sleepers, steel trough sleepers, CST-9and wooden sleepers. As the minimum clear distance between the jointsleepers is 50 mm, the machine should be able to tamp these two sleeperstogether. The normal sleeper spacing in different track structures on IndianRailways is 55 cm to 75 cm.

3.12 The working cabins of the machine shall be air-conditioned. The air-conditioning provided shall be of robust industrial design capable of

operating in highly dust laden environment. However the electronicequipments should be so designed that the machine shall be able to workwithout air-conditioning under the climatic conditions described in parano.2.9.

3.13 The tenderer may be required to show working of his machine under fieldconditions, The tenderer shall indicate the name of the Railway systemwhere the types of machines offered are working.

3.14 It shall be possible to control the target track geometry parameters, ininfinitely variable steps from operators/front cabin. To suit this, suitableproportional /servo control systems shall be provided.

3.15 On Indian Railways, rail top to sleeper bottom depth may vary from 260mmto 420mm.

3.16 The machine shall be provided with a computerized unit for the overallcontrol of its working system for all possible track geometry. The system shallbe so designed that for working on tracks with pre-decided target geometry,the standard track geometry data as well as correction values can be enteredprior to work either directly on system or viaUSB, CD or DVD. For working ontracks with unknown target geometry, it shall be possible to determine thecorrection values by making a measuring run and subsequent geometrycompensation of the recorded data considering obligatory point andconstrains of lifting and lining etc. Interactive processing of the target profileby the operator shall be possible. Track parameters shall be displayed ingraphic as well as text form on a colour monitor. It shall be possible to guidethe working system of the machine continuously and automatically by thisunit. The software shall be Windows based. The hardware shall be sturdy foroperations under conditions of shock, vibrations, dust, electromagneticinfluences from outside and interruption of power supply. The unit shall haveadequate memory to keep records of minimum 100 km of work performed,new track geometry obtained and enables transfer of the data via USB, CDor DVD as required.

3.17 In addition to the computer system provided on the machine for its owncontrols, the machine shall be provided with an industrial quality heavy dutyportable computer (Laptop-tough book) for keeping record of overall aspectsof working, spares management and reporting. The detailed specifications ofthe laptop are enclosed as annexure-IV.

3.18 The machine shall be capable of measuring and recording the unevenness,alignment and cross level in real time on a print out before and after thetamping and stabilization by the machine. It shall also record progress vis-a-vis time.

3.19 Permanently fitted to the main machine, the stabilizing unit shall be anintegral part of the machine. It shall achieve effective and continuousstabilization of the track and shall be able to match the working speed of thetamping portion without loss in stabilizing quality.

3.20 During the operation, the stabilizer unit shall be capable of lowering the trackin a controlled manner, while maintaining the pre-stabilized geometry. Properlongitudinal and cross-level control mechanisms shall be provided to achievethis. The manufacturer shall clearly explain the mechanism in its offer.

3.21 The stabilizing unit shall be capable of continuous stabilization of trackincluding typical Indian Railway heavy concrete sleeper track. To achieve acontrolled settlement and a lasting consolidation of such heavy track, it shallbe equipped with two independent stabilizing units, applying a maximumvertical load of 12 tonnes each.

3.22 The stabilizing unit shall be capable of pre loading the track. While preloading the track by stabilizing unit, the driving wheels should provideadequate adhesion to avoid wheel slippage/loss of traction and risk ofderailment.

3.23 The horizontal and vertical force and frequency of vibration shall beadjustable so as to carry out effective stabilization on various types of trackstructures.

3.24 The machine shall be equipped with suitable mechanism to control thedegree of settlement of the track which shall copy the pre-stabilizinggeometry by automatically increasing/relieving the vertical load on thestabilizing units. For optimum results, mechanism shall work independentlyfor the left and right hand rail.

3.25 It shall be possible to steplessely preselect the frequency of stabilizervibrations which shall be between 0-45 Hz for optimum adjustment to suitethe various kinds track structure. During work near fixed structures likebridges, it shall be possible to pre-select a frequency within that range whichis beyond the natural frequency of the structure. In this context, it is alsoessential that the vibrations be automatically cut off, when the machinestops.

3.26 The stabilizing unit shall be equipped with a frequency modulation measuringunit for optimum regulation of frequency. The machine shall be equipped withdisplay units for monitoring vibration frequency, and degree of settlement onboth rails.

3.27 To avoid damages on the rail surface by excess friction and force by therollers and to achieve a force free resettlement of the ballast grains onlylateral vibrations shall be permitted and those lateral vibrations by stabilizingunit shall be created without any vertical impact.

3.28 The tamping tool holding arrangement in tamping arm of tamping bankshould be cylindrical compressible type with bolting and dowel arrangementsuch that no hammering is normally required for fixing and removing thetamping tools.

3.29 The machine shall be warranted for 1200 working hours or 500000 tampinginsertions with stabilization or 18 months from the date of commissioning andproving test of equipment or 24 months after delivery at ultimate destinationin India which ever shall be earlier. Working hours for this purpose will betraffic block time during which machine is deployed for tamping work.

4.0 Diesel Engine:

4.1 The machine shall be powered by diesel engines preferably indigenous withproven record of service in tropical countries with wide service network inIndia. Robust construction and low maintenance cost are of particularimportance. Adequate allowance shall be made for de-rating of diesel engineunder the most adverse climatic conditions mentioned in the specificationelsewhere. High speed diesel oil to Indian standard specification shallnormally be used. A minimum fuel tank capacity sufficient for continuousoperation for 8 hrs will be desirable. Sight glass type fuel measuring gaugeshall be provided on the fuel tank. For starting the engine, storage batteriesof well known indigenous make with wide service network in India shall beprovided. The engine shall normally be push button start type.

4.2 The supplier should furnish the information regarding make and model of theengine proposed to be used and details of agency which will provide aftersales service support and availability of spares in India.

4.3 Since the engine is to work outdoor under extreme dusty conditions, the airintake system shall be designed suitably so as not to allow dust through airintake system.

4.4 There is a likelihood of dust deposition over the engine body and surroundingarea over the lubricants spills over. These should be easy to access for dailycleaning and routine maintenance. In case, air cooled engines are proposedby the supplier, maintenance equipment for cleaning and maintenance of theair cooling fins shall be provided by the supplier along with the machine.

4.5 The engine parameter monitoring gauges like temperature, rpm, and lube oilpressure shall be direct reading type mounted on the engine backed up byelectrical/mechanical gauges in the operator’s cabin showing the absolutereadings along with safe limits suitably coloured. There shall be audiovisualwarning (safety mechanism) to the operators in case of any of theseparameters exceeding the safe limit and engine shut down circuit in case ofoperator’s failure to respond.

4.6 Suitable and rugged mechanism should be provided to start the prime moverat no load and gradual loading after the start of the prime mover.

4.7 The engine power take off shall be coupled to the main gearbox through aflexible coupling. The engine shall be mounted on suitable Anti-VibrationMountings.

5.0 Drive Mechanism:

5.1 The machine should be provided with an efficient traction drive system fortraction during the operation.

5.2 The machine’s driving system shall be through hydro dynamically coupledpower/transmission arrangement capable of achieving full speeds in travelmode in both the directions. However, the system should be so designed thatall the driving wheels work in synchronization and there is noslippage/skidding of the wheels during the work drive.

5.3 The driving mechanism, in working mode, shall be adequately designed tohandle the acceleration and braking forces at each tamping cycle. A suitablesynchronization circuit to control the synchronization of lifting/lining/tampingprocess with the machine drive/braking system in working mode shall beprovided to prevent any damage to the machine systems on account of non-synchronisation.

5.4 Suitable differential systems may be provided between coupled wheels onthe same bogie.

5.5 Suitable flow divider/throttling arrangement may be provided to equalize thetractive effort amongst different bogies. Adequate gauges shall be providedto indicate the power sharing among different driving bogies to preventoverstressing of any traction bogie or its components.

5.6 The tenderer shall provide the necessary technical details including circuitdiagrams to confirm the above requirements.

5.7 Adequate gauges and solenoid valves shall be provided near linkageassembly for indication, flow control and carrying out necessary adjustmentin the field.

5.8 To the extent possible hydraulic and pneumatic component/assembly shouldbe fixed at suitable location preferably on the side frame of the machine soas to avoid the need of going on top of the machine for day-todaymaintenance schedules.

5.9 The pneumatic circuit should be provided with air dryer for the smoothworking of pneumatic components.

6.0 Cooling System:

6.1 The cooling system shall be efficient and designed for a maximum ambienttemperature of 55°C. Supplier shall note that the machine shall be workingunder extreme dusty conditions and the cooling mechanism shall bemaintainable under these conditions.

6.2 Adequate heat transfer arrangement for the hydraulic system shall bedesigned and provided so that under extreme heat conditions as mentionedin Para 2.9 above, the system oil temperature does not go beyond 85°C.

7.0 Brakes:

7.1 The machine shall be fitted with compressed airbrake system applyingbrakes equally on all wheels and provision shall be made to connect airbrake system of the machine to that of camping coach when the machine ishauling it. The brakes shall be protected from ingress of water, grease, oil orother substances, which may have an adverse effect on them. The brakelining shall be suitable for high ambient temperature of 55°C. The forcerequired for operating the brake shall not exceed 10 Kg. at the handle whileapplying by hand and 15 Kgs. on the pedal, when applied by foot.

7.2 Machine shall be equipped with suitable arrangement of braking so that while

attached in train formation, machine can be braked by traction vehicle havingcompressed air braking system.

7.3 There should be provision of emergency brake application in the machineeither travelling alone or coupled with the camp coach, in addition to thenormal braking system of the machine, using the compressed air. Theemergency braking distance (EBD) of the machine on the Indian railwaytrack at the maximum designed speed on a level track shall not be more than600m. Design calculations for the braking effort and EBD at the maximumdesign speed of the machine on level track & at falling grade of 1 in 33should be provided by the supplier. Brake design details are to be submittedas per annexure V.

7.4 Mechanical brakes shall also be provided in addition for use as parking brakes.

7.5 Clearly visible brake lights shall be provided at both the ends of the machine,which will be automatically operated when brake is applied and switched offwhen brake is released. This will be to alert the operator of machine followingthis machine when the machines are working in groups.

8.0 Horn, Hooters and safety switches:

8.1 The machine shall be provided with electric/pneumatic horns facing outwardsat each end of the machine at suitable locations for use during travelling andto warn the workmen of any impending danger at the work spot. The hornsshall be distinctly audible from a distance of at-least 400 m from the machine.These horns shall be operated by means of push buttons provided in thecabins.

8.2 Adequate numbers of safety stop switches should be provided all around sothat in case of any danger to worker during working, the working can bestopped immediately.

8.3 Safety equipments like jacks, pullers and other such equipments specific tothe machine for restoring failed units of the machine during working shall beprovided on the machine.

8.4 Machine shall be provided with emergency backup system to wind up themachine quickly in the event of failure of prime mover or power transmissionsystem of the machine.

8.5 Pneumatically operated hooters shall be provided facing outwards at eachend of the machine at suitable locations, operated by means of push buttonsprovided in the cabins to warn the staff working on/around the machine aboutapproaching train on adjoining track.

9.0 Hooks and buffers:

9.1 The machine shall be fitted with hooks and buffers of IRS design on bothends for coupling it with camping coach or other vehicles and running intrain formation and for attachment with the camping coach.

10.0 SUSPENSION SYSTEM:

10.1 The suspension system shall be preferably of two-stage type with suitablespring and damping arrangement. Spring for primary and secondarysuspension shall be designed to cater for actual service conditions. Effectivemeasure shall be adopted to minimize the weight transfer while starting,stopping and during runs.

11.0 Electric equipment and lighting:

The electrical equipment to be provided shall conform to relevant standardspecifications and shall be suitable for Indian climatic conditions. Themachine shall be equipped with latest twin beam headlight assemblyconforming to RDSO specification No. ELRS/SPEC/PR/0024 revision-1September, 2004 with the amendments ensuring a light intensity of 3.2 lux atground level at track centre at a distance of 305 metres away on a clear darknight), at each end and with two front and rear parking lights, which can beswitched to red or white according to the direction of the travel. Powerfulswivelling flood light shall also be provided to illuminate the working areasufficiently bright for efficient working during night. The amber colour flasherlights shall be provided on the both ends of the machine to give indication tothe train arriving on other line about any impending danger.

12.0 Chassis and under-frame:

The chassis shall be fabricated from standard welded steel sections and ofsteel sheets, so as to permit transportation of the machine in train formationwithout endangering safety of the train. The under-frame shall beconstructed with rolled steel section and/or plates and shall be designed towithstand a horizontal squeeze load of 102t at buffers i.e. 51t at each buffing

point. The under frame shall be sufficiently robust for safe travel of themachine in train formation and not necessarily as the last vehicle.

13.0 Cabins:

13.1 The machine shall be equipped with fully enclosed air conditioned andpressurized cabins with safety glass window at both ends. In view of the highambient temperature prevailing in India, special attention should be paid tofree circulation of air and ventilation in the driver’s cabin. It shall be possibleto have a clear view of the track ahead while driving the machine in both thedirections from the cabins at either end. The cabin layout shall be such that,before leaving the machine, the operating staff has full view on both thesides, to avoid any danger to them from trains on the adjacent tracks.Additional driver’s cabin shall be provided if the view while driving is not clearfor safe travel in both directions.

13.2 The gauges, warning panel and controls shall be suitably located in theoperator’s cab so that they can be observed without undue fatigue to theoperator. Screen wipers preferably operated by compressed air or electricallyoperated shall be provided on the wind screen.

13.3 Suitable number of fire extinguisher (dry chemical type) shall be provided inall the cabins.

13.4 The machine shall be provided with well designed space for keeping thetools and spares required for on site repairs of the machine to attend thebreakdowns and other working requirements.

13.5 The operator’s cabin shall be ergonomically designed to have easy access toall the controls. The operator shall have a full view of the working area fromthe operating seat to have full control over the work. The stabilizing unit shallalso be controlled from the main machine.

14.0 Tools and Instruction Manuals:

14.1 Each machine shall be supplied with a complete kit of tools required by theoperator in emergency and for normal working of the machine. The tenderershall along with his offer submit the list of tools to be supplied along witheach machine. The list of tools to be provided shall include all toolsnecessary for maintenance and repair of the entire machine includingspecialized equipment. All special tools shall be listed and cataloguedillustrating the method of application. The list can be modified to suit thepurchaser’s requirement, while examining the offer.

14.2 Detailed operating, maintenance and service manual shall be specificallyprepared in English language and four copies of each of the same shall besupplied with each machine.

14.3 The supplier shall also supply circuit diagrams of electrical, hydraulic,pneumatic and electronic circuits used on the machine. Trouble shooting

diagram/table shall also be supplied. In addition, the supplier shall providedimension drawings with material description of items like rubber seals,washers, springs, bushes, metallic pins etc. Main features such as type, rpm& discharge etc of items like hydraulic pumps, motors and such other boughtout components/assemblies shall be furnished by the tenderer. These shallbe specially prepared in English language and four copies of these shall besupplied with each machine.

14.4 While offering the machine for first inspection, the supplier shall submit onecopy of complete technical literature in English language including operation,service and field maintenance manual/instructions and complete electrical,hydraulic & pneumatic circuit diagrams, trouble shooting charts, componentdrawings/ description and other relevant technical details as a referencedocuments for the inspecting officer.

14.5 One portable diesel operated D.C. welding generator of reputed make(preferably made in India) with a minimum 5 KVA capacity along withsufficient length of cable or lead shall be provided with the machine for day today repairing of machine and its wearing parts.

14.6 The firm shall provide detailed technical drawings and specifications ofwheels and axles used in the machine. The above details shall be provided infour sets with each machine.

14.7 One set of all the manuals and diagrams should also be sent to thePrincipal/IRTMTC, Allahabad, one set to ED/TMM, RDSO, Lucknow, one setto DTK (MC)/Railway Board and one set to Director/IRICEN/Pune along withsupply of first machine of similar group. In case, there is any subsequentamendment in above documents based on field performance, theamendment/amended documents should also be sent to above mentionedauthorities.

15.0 Spare parts:

15.1 The tenderer should quote, apart from main equipment, separately for themandatory spares as well as for recommended spares required for two yearsof operation along with description, part number, quantity, cost, whetherimported or indigenous. The expected life of components shall be advisedalong with their condemning limits. The supplier shall be responsible for thesubsequent availability of spare parts to ensure trouble free service for thelife of the machine (15 years).

15.2 For indigenous parts and brought out components and assemblies, therelevant technical details shall be supplied while offering the first machine forinspection.

16.0 Maker’s test certificates:

16.1 Copies of marker’s certificate guaranteeing the performance of the machinesshould be supplied in duplicate along with the delivery of each machine.

17.0 Operators:

17.1 The number of operators and allied staff for working of the machine undernormal working condition may be indicated, specifying their duties andminimum qualifications.

18.0 Service Engineers:

18.1 The contractor shall provide at his own expense the services of competentengineers during the warrantee period for warrantee related issues. Theservice engineers shall be available for the commissioning of the machine forregular service, and for training to the operating, repairing and maintenancestaff of the machine. The engineers shall also advise the Railways onappropriate maintenance, testing, operating, repair and staff training facilitiesthat are necessary for the efficient performance of the machines.

18.2 During the warrantee period of the machine the supplier must ensure troublefree availability of the machine in good working condition for at least 90 % ofthe time and accordingly they must ensure availability of spares &services ofcompetent service engineers at prompt disposal of user railways.

19.0 OPTIONAL EQUIPMENT

19.1 Tenderer is expected to quote for optional equipment separately for eachitem giving the advantages/functions of such optional equipment. Tenderershall also indicate whether such equipments are already in use on machineselsewhere indicating the user Railway system.

20.0 Inspection of the Machine:

20.1 While inspecting the machine before dispatch from the supplier’s premises,the inspecting officer shall verify the conformity of the machine with respectto individual specification as above. The machine’s conformity /nonconformity with respect to each item shall be jointly recorded before issue ofthe inspection certificate and approval for dispatch of the machine as perAnnexure–VI enclosed.

21.0 Guarantee:

In addition to the special conditions of contract dealing with warranty, thefollowing will apply.

Should any design modification be made in any part of the equipmentoffered, the period of 24 months would commence from the date of themodified part is commissioned in service for the purpose of that part andthose parts which may get damaged due to defects in the new replaced part.The cost of such modification should be borne by the supplier.

22.0 Issue of Provisional Speed Certificate:

Whenever a new rolling stock is introduced in Indian Railways, a provisionalspeed certificate is issued by RDSO based on certain design parameters ofthe vehicle. Final speed clearance of the vehicle is given after conductingdetailed oscillation trials of the vehicle, which is a time taking process.Therefore, issue of provisional speed certificate for the vehicle becomes anecessity and based on the same the approval of running of the vehicle onIndian Railway track is taken from Commissioner of Railway Safety. Forissue of provisional speed certificate, following actions are required to betaken by the suppliers.

a) Current supplier , whose models are approved :

The supplier shall give details of the model, year of introduction in Indianrailway, details of speed certificate issued etc. The supplier shall certify thatno change has taken place in the model being offered with respect to designof under change i.e. suspension system/ arrangement, wheel & axleassembly, bogie braking arrangement loading pattern of the vehicle etc andthe distribution of axle loads, lateral forces, unstrung mass and braking forcecoming on rail is the same if, there is any change in above respect, the actionshall be taken as detailed in Para (b) below.

b) Current Supplier, whose models are not approved / or new :

As soon as the supplier completes the design of the machine as perspecification, the technical details as per Annexure (VII and VIII) shall besupplied for processing of provisional speed certificate for the machine sothat it can be permitted to move on track on case to case basis, moretechnical details (other than mentioned in Annexure VII and VIII) can also beasked for issue of provisional speed certificate for the machine. The firm willalso submit the technical details as per performa placed at Annexure-II forNUCARS vehicle dynamic simulation.

c) New supplier, whose models are new:

The technical details shall be supplied as detailed in para (b) above.

23.0 Acceptance Test:

23.1 In addition to verification of the various items of specifications covered earlierthe purchaser’s nominee shall carry out the following tests in India at thepurchaser’s premises at the time of commissioning of the machine. The pre-commissioning tests shall be completed and the machine shall becommissioned within 90 days of its arrival at the premises of the finalconsignee.

23.2 The Dimensional check of loading gauge, i.e. maximum moving dimensions,buffer heights, clearances, length of machine bogie distance etc.

23.3 Testing for negotiability 10° curve and 1 in 8½ turnouts.

23.4 Running speed tests on the Indian Railway main line track on the firstmachine in accordance with procedure outlined in annexure- IX with themachine running upto speed 10% higher than the maximum speedmentioned in Para 2.10 above.

23.5 Construction and engineering of the machine and its ability to perform all thefunctions as laid down in the specifications above.

23.6 Actual output and performance test to be conducted on the first machine.These tests shall be conducted under field conditions on Indian Railway. Anelectrified section shall be chosen for this test. The general conditions of tests and test parameters shall be as follows:

(a) Machine crew shall be either trained personnel of Indian Railwaysor the staff of the supplier.

(b) Dry weather, ambient temperature between +0°C to + 55°C.(c) Plain Track or curve of radius not less than 1000m.(d) Gradients up to 1/200.(e) Rails and sleepers in good conditions and properly fastened.(f) Concrete/wooden/steel sleepers.(g) Clean ballast cushion up to 100mm in sufficient quantity below the

bottom of the sleepers and generally not cemented.(h) LWR track.(i) Regular sleeper spacing of 60/65 cm with a tolerance of + 3 cm on

straight track.(j) Formation good.

(k) Amount of lowering up to 20 mm by stabilizing unit maintainingtrack parameters within permissible range.

(l) General lift during working up to 20mm.(m) lifting of track in non-working mode of 150 mm in one go to be

conducted at manufacturer’s premise/siding.(n) Maximum slew during working up to +10 mm.(o) Slewing of track in non-working mode of 150 mm in one go to be

conducted at manufacturer’s premise/siding. (p) The machine shall be able to tamp and stabilize 2700 sleepers in

one effective hour of working. The time shall be counted from startto finish of tamping work at work place. The machine shall also beable to achieve a peak tamping and stabilizing rate of 3500sleepers per hour over a 10 minutes period. Stoppage of work notattributable to machine shall be discounted. The setting uptimeand winding uptime shall be measured and the total time taken bythe two operations of setting up and winding up of the Machinetogether shall not exceed 10 minutes.

24.0 Should any modification be found necessary as a result of the tests, theseshall be carried out by the supplier at his own expenses.

Annexure-I

Annexure II

Machine details required for simulation of machine on NUCARS or similar Track-vehicle simulation software

SL. NO.Component’s Name

Parameters requiredC.G. of component in x, y, z direction from rail level in mm (Referenced point 1st axle)

Mass in Kg and Mass moment of inertias in Kg- m^2 of component in three dimension space about their C.G

X Y Z Mass Ixx Iyy Izz

1.

Super structure with vehicle frame (machine structure kept on secondary suspension of front and rear bogie)

2.

Front Bogie frame including brake rigging

3.Rear Bogie frame including brake rigging

4.

Transmission systemdevice (hydraulic. Mechanical or electrical traction motors)

5.

Wheel axle set including axle boxes which constitute the unsprung mass

6. Mass of Items included in unsprungmass partially or fullyalong with their Total unsprung mass

name per axle 1 2 3 4 5 6 in tonnes

7.Total weight of components in tonnes

Front bogie full assembly

Rear bogie full assembly

Machine framefull structure

Full weight of vehicle(front bogie + rear bogie +vehicle car body orsuper structure)

8.Suspension stiffness details in Kg/mm

Primary suspension element stiffnessper axle box between bogie and axle box

Secondary suspension element stiffness per side between bogie and machine frame

Vertical stiff Lateral stiff Longitudinal stiffVertical stiff Lateral stiff Longitudinal stiff

9.

Damping force details( If hydraulic damper used give there rating force per meter/second)

10.

Clearance in mm or radian provided for motion between bogie frame and machine frame for relative motion (motion stopper)

Vertical direction Lateral direction

Longitudinal direction

Rotation about vertical axis

Rotation about lateral axis

Rotation about longitudinal axis

11.Dimension of location of suspension elements

Detail of location of suspension springs and dampers and shock absorbers with support drawing

Detail of location of suspension springs and dampers and shock absorbers with support drawing

12.Details of centre pivot arrangement working andlocation

Provide detail arrangement drawing and description

13.Set of drawings and design description

Concerning with general arrangement of vehicle, bogie general arrangement, suspension arrangement details, suspension clearances drawing, detail written description of configuration and loading pattern accompanies design particular of vehicle bogie.

Annexure-III

Annexure-IV

Specifications of Heavy duty Industrial Quality Water proof & shock proofLaptop (Tough book)

CPU Intel Core i-5 processor ,speed 2.4 GHz or higherversion

Operating System Windows 7 professional or higher version

RAM 2 GB or more and expandable upto 8GB

Storage Shock mounted flex connect hard drive with quickrelease 500 GB or More

Display Minimum 13” high definition LED or better with antireflective and anti glare treatment

Keyboard Backlit 61 key QWERTY keyboard. Touchpad withvirtical scrolling support.

Wireless Integrated Gobi 2000 mobile broadband or better,Bluetooth V 4.0 or better.

Durability features Product shall be durable and meet the latest MIL standard.Moisture and dust resistant screen, Key board and touch pad.

Pre Loaded Softwares Antivirus software for 18 months validityMicrosoft office 2007 complete bundle

Power supply Long life Li-ion battery, minimum 5400 m AH

Warranty 3-year warranty

Annexure-V

BRAKE DESIGN DETAILS OF THE MACHINE FORCALCULATION OF EMERGENCY BRAKING DISTANCE

Tare & gross weight of the machine in KilogramsBrake power in KilogramsType of Brake blocksBrake block area in Square CentimetresBrake Rigging DiagramType of Brake system

ANNEXURE-VI

INSPECTION CERTIFICATE CERTIFICATE OF INSPECTION OF TRACKMACHINE

( ) BY INSPECTING OFFICIAL AND APPROVAL FORDESPATCH OF MACHINES

(STRIKE OUT WHICHEVER NOT APPLICABLE)

This is to certify that I have inspected the machine(type)_______________________________bearing Sl.No._________________from (date) ____________to _____________at (Place) ________________ for itsconformity/non-conformity with respect to the laid down Technical Specifications incontract Agreement No.________________________________dated_______________________between President of India through DirectorTrack (Machines) and M/s. (Name of Supplier) ________________________________________________________________.

The detailed Inspection Note regarding its conformity/non-conformity to the laidspecifications is enclosed along with as Annexure’A’. It is observed that (strike outwhichever is not applicable):-

The Machine conforms to all the laid down specifications.

The machine conforms to all the laid down specifications except those atSl.No.________________________.The above deviations are minor/major affecting/not affecting the performance ofthe equipment in substantial way.

The following T and P/manuals/drawings are to be supplied alongwith the machine:_____________________________________________________________________________

Based on the above, the Machine is certified/not certified to be conforming to thespecifications.

The machine is approved/not approved for despatch to _____________________________(Consignee) Indian Railway.

SIGNATURE AND DATE

For M/s.__________________ INSPECTING OFFICIAL_________________________ (NAME AND DESIGNATION)

for and on Behalf of President ofindia

Annexure : VII Particulars Required in Respect of the Rolling Stock Under Consideration1. A diagram showing elevation salient dimensions :

a) Wheel spacing, Wheel diameter, bogie centres, and axle load.i) Over all length of the vehicle :ii) Length over head stock :iii) Length over buffers :iv) Distance apart for Centre of buffers :v) Max./Min. height of centers of buffers

(above rail level)b) i) Wheel base

ii) Axle load (max)iii) Bogie Centres :

2. Wheel dimension :i) New :ii) Worn out :

3. i) Tread and flange profile of the wheel :indicating clearly whether it is IndianRailway standard profile or differs from standard flange profile.

ii) Wheel gauge dimension – :(back to back of tyre flange).

4. Whether the stock is designed to be used as :a general purpose or in a closed circuit in specified sections under defined conditions.

5. Maximum design speedi) Own Power :ii) In train formation :

6. Unsprung weight per axle in tonnes i) Driving axle :ii) Running axle :

7. Expected lateral force in tonnes per axle :At maximum design speed.

8. Increase in the impact load during motion(Dynamic Augment)

9. Method of operation - :Whether single only or coupling together is possible. If coupling is possible, the number which can be coupled and what is trailing load.

10. Maximum tractive effort at start and at the speedof operation -i) at working drive at start :

at operation speed :ii) at transfer drive at start :

at maximum speed :

11. Maximum braking force coming on to the rails per wheelat working axle :at transfer axle :

12. Drawing indicating suspension arrangement details of bogie and axle.

13. Height of centre of gravity from rail level14. Height of floor from rail level 15. Type of coupler provided -Indian Railways Standard Coupling :

Buffer :16. Any infringement to the moving dimensions

Sketch provided in the Indian Railways Standard Schedule of Dimensions – Chapter IV (A).

Annexure : VIII

Following information as detailed below is also required along with the information requiredfor processing the case for issue of provisional speed certificate for new vehicles

S.No. Item1. a) Brake System detailsb) Gross Braking Ratio2. Brake rigging arrangement drawing and calculation of braking force3. Maximum Braking Effort. at start and at the speed of operation -

a) at working drive at start :at operation speed :

b) at transfer drive at start at maximum speed :

4. Characteristics of springs used in suspension indicating free height, working height, dynamic range, stiffness and locations etc.

5. Characteristics of the dampers if used, and over all damping factors and locations of dampers.Calculation of the following frequency of the vehicle to be attached :-Bouncing ii) Pitching iii) RollingWave length of free axle and bogie

6. Write up and salient design calculation on suspension system, type of suspension- whether it is of coil suspension with or without dampers and laminated bearing springs and double link suspension.

7. What are lateral clearance of axle box / horn, wheel flange/rail and other locations for the negotiability of the vehicle on curve and turn out (enclose Vogels Diagram for negotiability on maximum degree of curve and turn out permitted on Indian Railways) of new and worn out wheel.

8. Wheel and axle assembly drawings9. Calculation for flange force10. Technical specifications of Vehicle supplied.11. Calculation of natural frequency12. Calculation of spring characteristics and critical speed of the vehicle.13. Simulation result showing ride index, lateral force and acceleration results. 14. A certificate regarding the speed of the vehicle for which it has been designed.

ANNEXURE-IX

1 The speed potential of the machine offered by the firm should be establishedbased upon oscillation trials conducted in India. The tests will be conducted atspeed usually 10% higher than the maximum speed potential indicated by thefirm for the machine under consideration and the following criteria satisfy for thesame. For conducting the tests, a section of mainline track will be selectedover which there is no temporary speed restrictions and which is considered bythe Railway as being in a generally run down condition for mainline standards,but without speed restrictions. The vehicle will be tested generally for new andworn clearance conditions and where relevant for operation in the forward andbackward directions. The vehicle selected for tests will be one in averagecondition for normal maintenance.

2 The criteria applicable for establishing speed potential will be as follows:

i) A lateral force lasting more than 2 metres should not exceed the Prud-Homme’s limit of 0.85 (1 + P/3) where P is the axle load.

ii) Isolated peak values exceeding the above limit are permissible provided therecord shows establishing characteristics of the vehicle subsequent to thedisturbances.

iii) A derailment coefficient should be worked out in the form of ratio between thelateral force (hy) and the wheel load (Q) continuously over a period of 1/20 th

second, the value HY/Q shall not exceed 1.

iv) The values of acceleration recorded in the cab at location as near as possibleto the bogie pivot (as near as possible to axle in case of four wheelers) shall belimited to 0.55 kg both in vertical and lateral directions. The peak values upto0.6 g may be permitted if the records do not indicate a resonant tendency in theregion of peak value.

v) In the case of such vehicles where measurement of forces is not possible, theevaluation shall be in terms of ride index based on the accelerations measuredas detailed in Para 2 (iv) above which shall not be greater than 4.5 but a limit of4.25 is preferred.

vi) A general indication of stable running characteristics of the vehicle asevidenced by the movements of the bogie in straight and curved track andlateral force and derailment coefficient of accelerations as the case may be.

CHECK LIST-I

1. Have you purchased the Tender Documents? Yes/No

2. Have you submitted a Bid Guarantee? Yes/No(Annexure – 5, Bid Documents Part-II)

3. Have you furnished a Letter of Authority? Yes/No(Annexure-6, Tender Documents Part-II)

4. Have you furnished the Performance Statement? Yes/No(Annexure-3, Tender Documents part-II)

5. Have you submitted the Banker’s Report? Yes/No(Para 4.1 (b) of ‘Instructions to Tenderers’Tender Documents Part-II)

6. Have you furnished the Statement of Equipment andQuality Control? Yes/No(Annexure – 4, Tender Documents Part-II)

7. Have you furnished the Clause-wise comments onTechnical Specification Yes/No(Para 2.4 of ‘Instructions to Tenderers’ Tender Documents Part-II)

8. Have you furnished the Statement of Deviations Yes/No(Preferably Nil)?(Annexure-7, Tender Documents Part-II)

9. Have you quoted in the prescribed proforma (Annexure-1 or 2) Yes/No

10. Have you included prices of all Standard Accessories in the price of the machine ? Yes/No

(Technical Specifications, Tender Documents Part-III)

11. Have you quoted FOB, CFR prices separately as required? Yes/No

12. Have you quoted for all the Accessories and Spares?Yes/No

13. Have you quoted delivery period correctly and precisely? Yes/No14. Have you kept your offer valid for 180 days? Yes/No

Signature & Seal of the Manufacturer/Tenderer.

CHECK LIST -II

i. Have you submitted the authorization letter authorizing your agent to quote on this tender?

Yes/No

ii. Have you indicated the complete name and address of the agents and details of the services to be rendered by the agents?

Yes/No

iii. In case the answer to (iii) is yes, confirm that the agent has necessary infrastructure and competent staff to render the same.

Yes/No

iv. Have you submitted a copy of your agreement with your Indian Agent?

Yes/No

v. Manufacturer or their sole selling agents may note that an agent can represent only one firm in a tender and any manufacturer cannot submit more than one offer against a tender through different sole selling agents or one directly and others through sole selling agents. In such a situation all the offers will be rejected.

Yes/No

vi. Have you indicated your Indian Agent’s Income Tax Permanent Account Number?

Yes/No

vii. Are you aware that any payment against the contract, if placed, to your Indian agent directly by you in currency other than in Indian Rupees is against the Indian Laws?

Yes/No

ix. Are you aware that failure to disclose the full amount of remuneration/agency commission payable to your Indian Agents shall render the contract void?

Yes/No

x. If Indian agent of a foreign manufacturer is bidder, enlistment details with DGS&D under compulsory registration scheme have been enclosed.

Yes/No

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